P. v. Jones

 

 

 

 

 

 

 

 

Filed 11/7/13 
P. v. Jones CA5

 

 

 

 

 

 

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

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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opinion has not been certified for publication or ordered published for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

FIFTH APPELLATE DISTRICT

 
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THE PEOPLE,   Plaintiff and Respondent,                           v.   TERRY GLENN JONES,   Defendant and Appellant.

F065180   (Super. Ct. No. MCR030574)     >OPINION

 

THE COURThref="#_ftn1"
name="_ftnref1" title="">^*

            APPEAL from
a judgment of the Superior Court of href="http://www.adrservices.org/neutrals/frederick-mandabach.php">Madera County.  David D. Minier, Judge.  (Retired judge of the Madera County Sup. Ct.
assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) 

            James M.
Crawford, under appointment by the Court of Appeal, for Defendant and Appellant.

            Office of
the State Attorney General, Sacramento, California, for Plaintiff and
Respondent.

-ooOoo-



            Appellant,
Terry Glenn Jones, pled guilty to domestic
violence (Pen. Code, § 273.5, subd. (a)),href="#_ftn2" name="_ftnref2" title="">^[1] and was placed on probation for five years.  After Jones violated his probation, on June
18, 2012, the court sentenced him to a four-year prison term.  Following independent review of the record
pursuant to People v. Wende (1979) 25
Cal.3d 436 (Wende), we affirm.

FACTUAL AND PROCEDURAL HISTORY

            On January
4, 2008, at approximately 11:45 a.m., Madera police officers responded to a residence
where Jones lived with Gloria Barnes.  Barnes
told the officers that earlier she and Jones got into an argument and he began
throwing food and destroying the house. 
When Barnes went into her bedroom, Jones grabbed Barnes around the neck,
pushed her onto a bed, and held her down for 30 seconds.  When Barnes went into a bathroom, Jones
followed her and grabbed her arms.  Jones
then threw Barnes down, causing her to hit her head on the floor, and kicked
her in the face several times.  Barnes
was able to call police when Jones left the residence.  Police soon
located Jones nearby and arrested him. 

            On January
7, 2008, the district attorney filed a complaint charging Jones with domestic
violence.  The complaint also alleged a
prior prison term enhancement (§ 667.5, subd. (b)) and that Jones had a prior
conviction within the meaning of the three strikes law (§ 667, subds. (b)-(i)).

            On February
7, 2008, Jones pled no contest to domestic
violence in exchange for the court placing him on probation with a suspended
four-year prison term and the “dismissal” of the remaining allegations.  Additionally, the court struck Jones’s prior
strike conviction in accord with his plea agreement. 

            On March
10, 2008, the court sentenced Jones to the aggravated term of four years on his
domestic violence conviction.  It then suspended
execution of sentence and placed Jones on five years’ probation on condition
that he serve 364 days of local time.  The
court also granted the prosecution’s motion to “dismiss the remaining counts in
the interest of justice.” 

            On December 4, 2008, the probation
department filed a petition alleging that Jones violated several conditions of
his probation. 

            On January
30, 2009, the petition was dismissed in the interest
of justice. 

            On November
14, 2011, the probation department filed a second petition to revoke Jones’s
probation alleging Jones violated the conditions of his probation requiring him
to submit to drug testing, report monthly or as directed by the probation
officer, and not change his residence without advance notice to his probation
officer. 

            Following a
hearing on March 2, 2012, the court found that Jones violated his probation by
refusing to submit to drug testing and by changing his address without
notifying his probation officer. 

            On June 18,
2012, the court sentenced Jones to the previously imposed four-year prison term.

            Jones’s
appellate counsel has filed a brief which summarizes the facts, with citations
to the record, raises no issues, and asks this court to independently review
the record.  (Wende, supra, 25 Cal.3d
436.)  Jones has not responded to this
court’s invitation to submit additional briefing.

            Following
an independent review of the record,
we find that no reasonably arguable factual or legal issues exist.

DISPOSITION

            The
judgment is affirmed.