People v. Gamboa CA4/1

Filed 6/11/21 P. v. Gamboa CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D078245

Plaintiff and Respondent,

v. (Super. Ct. No. JCF003273)

ARNULFO GAMBOA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Imperial County, Christopher J. Plourd, Judge. Affirmed. Pauline E. Villanueva, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. Arnulfo Gamboa pleaded no contest to one count of criminal threats

(Pen. Code,1 § 422, subd. (a)) as part of a plea agreement. The remaining charges and allegations were dismissed. The parties agreed Gamboa would receive a three-year, upper term sentence, which would be suspended

1 All further statutory references are to the Penal Code.

pending a three-year probation term. Gamboa made a “Cruz”2 waiver, to the effect that if he was arrested for a new crime, failed to report to probation or failed to appear for sentencing he could be sent to prison for the suspended term. Gamboa was released on his own recognizance. Gamboa failed to appear for sentencing and was later arrested. His motion to withdraw his plea was denied and he was sentenced to the three- year upper term. Gamboa filed a timely notice of appeal and obtained a certificate of probable cause (§ 1237.5). Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) indicating counsel has not been able to identify any arguable issues for reversal on appeal. Counsel asks the court to review the record for error as mandated by Wende. We offered Gamboa the opportunity to file his own brief on this appeal, but he has not responded. STATEMENT OF FACTS Appellate counsel has set forth a summary of the facts taken from the probation officer’s report. We will incorporate the factual summary from the appellant’s brief to provide background information. On April 9, 2020, Gamboa entered Y&S Coin Laundry in Calexico. He was accompanied by his dogs. The victim, R. Garcia, asked Gamboa to leave his dogs outside. When Gamboa refused to do so, Garcia asked Gamboa to leave. Gamboa left, but stayed close, outside the laundromat. According to Garcia, Gamboa yelled profanities and stated he was from “Sinaloa” while showing his tattoos. Gamboa continued yelling and threatening Garcia, including displaying what appeared to be a steak knife. At one point, Gamboa yelled that he would kill Garcia. Garcia stated he and