People v. Dominguez CA4/1

Filed 5/22/24 P. v. Dominguez CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D082713

Plaintiff and Respondent,

v. (Super. Ct. No. SCN441663)

MIGUEL ANTONIO DOMINGUEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Michael D. Washington, Judge. Affirmed. Laura Vavakin, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

The People charged Miguel Antonio Dominguez with felony child abuse

likely to cause great bodily harm or death (Pen. Code,1 § 273a, subd. (a)) for

1 Statutory references are to the Penal Code unless otherwise specified.

endangering his eight-year-old daughter, M.D., between March 28, 2022, and October 5, 2022. A jury convicted him of the lesser included offense of misdemeanor child abuse. (§ 273a, subd. (b)). The court sentenced Dominguez to 30 days in the county jail and issued a no-contact order under section 136.2, subdivision (i), prohibiting him from contacting his daughter unless otherwise authorized by the family or juvenile court. Dominguez filed a timely notice of appeal. Dominguez’s counsel has filed a brief seeking our independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders) to determine whether there are any arguable issues for review. We sent Dominguez notice that his attorney had filed a Wende brief and provided him with the opportunity to file a supplemental brief. He has not responded. After our independent review of the record, we affirm the judgment. FACTUAL BACKGROUND Melissa H. lived in the same apartment complex as Dominguez and M.D. and recalled seeing M.D. running around the apartment complex at all hours of the night. On October 5, 2022, Melissa saw M.D. looking inside the trash dumpster for the apartment building. Fifteen minutes later, M.D. was in the dumpster, and it appeared to Melissa that she was looking for food. Melissa asked M.D. if she was okay and made her a sandwich, but M.D. left without taking it. She said when she asked M.D. where her father was, M.D.’s body language changed. Something about the incident “didn’t sit well with [Melissa]” so she called the police nonemergency number to request a welfare check on M.D.