P. v. Guanill CA1/2

Filed 3/26/13 P. v. Guanill CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, A136118 v. FERNANDO ROY GUANILL, (San Francisco County Super. Ct. No. 214962) Defendant and Appellant.

Fernando Roy Guanill appeals from the revocation of his probation. Appellant’s probation stems from his conviction, based on his plea of no contest, of assault with force likely to cause great bodily injury (Pen. Code, § 245, subd. (a)(1) 1). Appellant’s counsel raises no issues, and requests an independent review of the record under People v. Wende (1979) 25 Cal.3d 436. In accordance with Wende and Anders v. California (1967) 386 U.S. 738, appellant’s counsel elected to file a supplemental brief. Based on our review of the record and contentions raised in the supplemental brief, we find no arguable issue. BACKGROUND Appellant’s Underlying Offense San Francisco Police Officer James Johnson testified that he responded to a call regarding a battery at an apartment complex on 402 Broadway Street in San Francisco. At the scene, Johnson encountered the victim Connie Calzudes who was “hysterical.” Calzudes was in tears, and she screamed, “ ‘Help me. He choked me.’ ” Johnson noticed

1 Further section references are to the Penal Code unless otherwise indicated.

1

red markings along Calzudes’s throat and a large lump that covered her left eye. Calzudes stated that the perpetrator was “ ‘Fernando,’ ” and gave Johnson Fernando’s room number. Johnson went to Fernando’s room with several police officers. Johnson stated that he knocked on Fernando’s door while identifying himself as “ ‘San Francisco Police Officer.’ ” There was no response. One of the officers obtained a key to Fernando’s room, but the officer could only unlock one of the two locks on the door. As the officers waited, someone inside the room relocked the lock that was just unlocked. After Johnson continued to knock on the door, one of the officers advised the person in the room that the person had five seconds to open the door. After waiting to no avail, Johnson kicked the door in. Johnson found appellant laying on a bed, and handcuffed him. Antonio Flores, a sergeant inspector for the City and County of San Francisco, testified that he spoke with Calzudes’s friend, Eunice Dzodzomenyo. Dzodzomenyo told Flores that she saw appellant attack Calzudes. Dzodzomenyo stated that on the day of the incident, she went out with Calzudes. She then returned with Calzudes to a room in the apartment complex on 402 Broadway Street. Appellant later showed up at that room. According to Flores, Dzodzomenyo stated that Calzudes and appellant started kissing while in the room. As the two were kissing, appellant suddenly slapped Calzudes across her face. Calzudes fell to the floor. Appellant then picked Calzudes up off of the floor and punched her. Calzudes again fell to the floor. As Calzudes lay on the floor, appellant kicked her. Appellant stated, “this is for her own good.” Dzodzomenyo told Flores that, as a result of appellant’s attack, Calzudes sustained a black eye, bruising on the side of her face, and redness on her neck. The information filed by the San Francisco District Attorney charged appellant in count one with domestic violence (former Pen. Code, § 273.5, subd. (a)); 2 in count two