People v. Casler CA6

Filed 6/30/16 P. v. Casler CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H042864 (Monterey County Plaintiff and Respondent, Super. Ct. No. SS111286A)

v.

GREGORY CASLER,

Defendant and Appellant.

In 2012, defendant Gregory Casler was convicted by jury of inflicting corporal injury on a cohabitant, making a criminal threat, and battery (Pen. Code,1 §§ 273.5, subd. (a); 422; and 243, subd. (d)). The jury also found true an allegation that defendant had personally inflicted great bodily injury (§ 12022.7, subd. (e)). At sentencing, the court imposed a seven-year prison sentence, suspended execution of that sentence, and granted defendant four years probation. Defendant did not appeal that judgment. In 2014, while on probation, defendant was charged in two new felony cases with additional acts of domestic violence, assault, assault with a deadly weapon, and violating a protective order (§§ 273.5; 245, subds. (a)(1), (4); and 166, subd. (c)(1)). Both times, the prosecution filed a petition charging defendant with violating his probation based on the new criminal charges and on other non-criminal acts. The court revoked probation. After defendant pleaded no contest to some of the charges in the new cases, the court

1 All further statutory references are to the Penal Code, unless otherwise stated.

found that he had violated his probation, lifted the suspension, and ordered that the previously imposed seven-year sentence be executed. Defendant challenges that order in this appeal. We appointed counsel to represent defendant in this court. Appointed counsel filed an opening brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), which stated the case and the facts but raised no specific issues on appeal. We notified defendant of his right to submit written argument on his own behalf within 30 days. The 30 days have elapsed, and we have received no written argument from defendant. After reviewing the entire record, we will conclude there is no arguable issue on appeal and we will affirm the order lifting the suspension on the previously imposed prison sentence and ordering execution of that sentence. We will also direct the clerk of the court to correct clerical errors on the abstract of judgment and the minute order of the sentencing hearing.