P. v. Duran CA4/1

Filed 3/5/13 P. v. Duran CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D062133

Plaintiff and Respondent,

v. (Super. Ct. Nos. JCF25723 & JCF25259) DAVID BARBA DURAN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Imperial County, Christopher

W. Yeager, Judge. Affirmed.

David Barba Duran appeals from the judgment entered following revocation of

probation previously granted after his plea of no contest to inflicting corporal injury to a

cohabitant (Pen. Code, § 273.5, subd. (a)). Duran received a four-year prison term after

the revocation.

FACTS

On July 26, 2010, Duran entered a negotiated no contest plea to inflicting corporal

injury on Miriam Gallegos, who had sustained a broken ankle three months earlier during

an argument. Gallegos subsequently recanted her initial statements to police. As part of

the plea bargain, a misdemeanor battery count and two prior prison term allegations were

dismissed. The parties also agreed to Duran being placed on formal probation for three

years.