People v. Nunez CA5

Filed 6/10/22 P. v. Nunez CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F083337 Plaintiff and Respondent, (Fresno Super. Ct. No. F21903745) v.

IGNACIO NUNEZ, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Glenda S. Allen-Hill, Judge. Rex Adam Williams, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Franson, J. and Meehan, J.

INTRODUCTION Appellant and defendant Ignacio Nunez entered into a negotiated disposition and was sentenced to two years in prison. On appeal, his appellate counsel has filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) We affirm. FACTS1 Appellant and the victim were in a dating relationship. On May 6 and 7, 2021, the victim was voluntarily at appellant’s house and spent the night with him. On May 7, 2021, appellant and the victim verbally argued, and appellant said that she would not disrespect him anymore. Appellant hit her in the mouth with the back of his hand, and then he hit and punched her in the face. Appellant pulled the victim’s hair and brought her to the floor; he threw a chair at her. She blocked the chair with her hand and tried to get up; appellant punched her in the head five or six times. The victim was crying and pleading with him to stop. She again tried to get up from the floor, and appellant stomped on her head twice with his shoe-clad foot. The victim suggested they have sex, in an attempt to get appellant to stop hitting her. Appellant stopped hitting her, they went into the bedroom, and had what the victim described as consensual sex. After they finished, she asked for permission to use the bathroom. Appellant agreed she could leave the room. The victim then left the house, went to a friend’s house, and called the police. PROCEDURAL BACKGROUND On June 28, 2021, an information was filed in the Superior Court of Fresno County charging appellant with count 1, infliction of corporal injury to a spouse, cohabitant, or someone in a dating relationship resulting in a traumatic condition (Pen.