People v. Fagoaga CA2/4

Filed 2/27/24 P. v. Fagoaga CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR

THE PEOPLE, B319221

Plaintiff and Respondent, Los Angeles County Super. Ct. No. BA478500 v.

EDGARD FAGOAGA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Michael Garcia, Judge. Affirmed. Julie Caleca, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

INTRODUCTION AND PROCEDURAL BACKGROUND

In 2022, a jury convicted defendant and appellant Edgard Fagoaga of misdemeanor battery against a girlfriend, C.V.1, in violation of Penal Code section 243, subdivision (e)(1).2 The trial court suspended imposition of sentence and placed Fagoaga on summary probation for three years. Fagoaga timely appealed, and we appointed counsel to represent him. On July 5, 2023, appellate counsel filed a brief raising no issues and asking us to review the record independently. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Fagoaga did not respond to our letter advising him of his right to file supplemental briefing. Following our review of the record pursuant to Wende, we affirm.

FACTUAL BACKGROUND

Prosecution Case

Fagoaga was in a dating relationship with C.V. for 10 months, which began in 2018. On May 18, 2019, after C.V.’s two- year-old daughter had gone to sleep, Fagoaga and C.V. were drinking alcohol at C.V.’s apartment, when C.V. confronted Fagoaga about wanting to end their relationship. When C.V. brought this up, Fagoaga began taking swigs of alcohol. Fagoaga