People v. Resendiz CA4/1

Filed 11/16/22 P. v. Resendiz CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D080148

Plaintiff and Respondent,

v. (Super. Ct. No. SCD290583)

JOEL ISAIAS RESENDIZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Runston G. Maino, Judge. Affirmed. Siri Shetty, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. A jury convicted Joel Isaias Resendiz of assault with force likely to

cause great bodily injury (Pen. Code,1 § 245, subd. (a)(4)); inflicting corporal injury (§ 273.5, subd. (a)); and petty theft (§ 484). The jury also found the

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

victim was a person within the meaning of section 1203.097, subdivision (a). Resendiz was granted probation subject to 120 days in custody among other conditions. Resendiz filed a timely notice of appeal. 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 Resendiz the opportunity to file his own brief on appeal, but he has not responded. STATEMENT OF FACTS Appellate counsel has provided an accurate summary of the facts of the offenses in the opening brief. We will adopt that summary here for convenience. “PROSECUTION EVIDENCE “Leslie T. dated Resendiz from May 20, 2020 to February 2021. In 2021, she was 22 years old. In January 2021, Leslie learned that she was pregnant with Resendiz’s baby. “On February 19, 2021, Resendiz had told Leslie he would push her down the stairs of his two-story apartment. “On February 21, 2021, Resendiz contacted Leslie by telephone. He was upset that she had gone out the previous night with friends. The conversation ended when Resendiz stated, “I’m going to kill the baby.” “Thirty minutes later, Resendiz arrived uninvited to the apartment Leslie shared with her mother. He was calm at that time. After Leslie allowed Resendiz to use the restroom inside, he returned outside. They talked through the screen door. After Resendiz became angry, Leslie closed the front door.