People v. Valenzuela CA3

Filed 6/20/24 P. v. Valenzuela CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (San Joaquin) ----

THE PEOPLE, C099162

Plaintiff and Respondent, (Super. Ct. No. STK-CR-FDV- 2021-0001519) v.

ANGEL URTEAGA VALENZUELA,

Defendant and Appellant.

Appointed counsel for defendant Angel Urteaga Valenzuela has asked this court to conduct an independent review of the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Finding none, we will affirm the judgment.

FACTS AND HISTORY OF THE PROCEEDINGS In February 2021, defendant and his girlfriend argued. During the argument, defendant hit his girlfriend in the face several times. As a result of defendant hitting her,

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defendant’s girlfriend suffered a bloody and bruised nose, bruises on her leg, and an injury to her toe. In San Joaquin County Superior Court, case No. STK-CR-FDV-2021-0001519 (case No. 1519), the People charged defendant with intimate partner abuse (Pen. Code, § 273.5, subd. (a), statutory section citations that follow are found in the Penal Code unless otherwise stated); making criminal threats (§ 422, subd. (a)); and vandalism (§ 594, subd. (a)). Defendant pleaded no contest to intimate partner abuse. In exchange for defendant’s plea, the People moved to dismiss the remaining charges with a Harvey1 waiver; the court granted the People’s motion. The People also agreed defendant would serve four years on “formal felony domestic violence probation.” Consistent with the terms of the negotiated plea agreement, the trial court suspended imposition of sentence and placed defendant on four years’ formal probation. The court issued a domestic violence protective order, restraining defendant from contacting his victim (the protective order was later modified from a no-contact order to a conduct order). Based on the parties’ agreement, the court ordered defendant to serve 120 days in county jail with credit for time served, and ordered him to attend a 52-week domestic violence class. The court also ordered defendant to pay various fines and fees totaling $400; the court stayed the $500 domestic violence fund fee (§ 1203.097, subd. (a)(5)(A)). In March 2023, the People charged defendant with intimate partner abuse (§ 273.5. subd. (a)) and contempt of court (§ 166, subd. (a)(4)) in San Joaquin County Superior Court, case No. CR-2023-0003685 (case No. 3685). As a result of those charges, the People also moved the trial court to revoke defendant’s probation. In case No. 3685, a