P. v. Almira
Filed 7/23/13 P. v. Almira CA2/7
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
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publication or ordered published for purposes of rule 8.1115
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION SEVEN
THE PEOPLE,
Plaintiff and
Respondent,
v.
RONY GARCIA ALMIRA,
Defendant and
Appellant.
B242511
(Los Angeles County
Super. Ct. No. BA393453)
APPEAL from a judgment
of the Superior Court of
County,
Renee
F. Korn, Judge. Affirmed.
David Reis Mishook,
under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for
Plaintiff and Respondent.
___________________________________
Rony Garcia Almira was charged in an information with two
counts of inflicting corporal injury on Sorayda Rodriguez, the mother of his
child (Pen. Code, § 273.5, subd. (a)).
Represented by appointed counsel, Almira pleaded not guilty to the charges.
On the
morning of trial, the court denied as untimely Almira’s motion to continue the
trial so he could retain private counsel.
According to the evidence at trial on January 29, 2012, Almira punched Rodriguez in the face,
giving her a black eye. On or about December 23, 2011, Almira had
repeatedly kicked Rodriguez, bruising her legs.
Almira testified in his own behalf that Rodriguez had been the aggressor
and he had acted in self-defense on both occasions.
The jury found Almira guilty of
on January 29, 2012 as
charged in count 1, but acquitted him of having committed the offense in
December 2011, as charged in count 2.
At
sentencing, the trial court suspended imposition of sentence and placed Almira
on three years of formal probation on condition he serve 365 days in county
jail with credit for 26 days served, complete
away from Rodriguez. The court ordered
Almira to pay a $40 court security fee, a $30 criminal conviction assessment, a
$400 domestic violence fund assessment and a $240 restitution fine. The court imposed and suspended a probation
revocation fine pursuant to Penal Code section 1202.44.
We
appointed counsel to represent Almira
on appeal. After an examination of the
record, counsel filed an opening brief in which no issues were raised. On April
17, 2013, we advised Almira he had 30 days in which to personally
submit any contentions or issues he wished us to consider. No response has been received to date.
We have examined the record and are
satisfied Almira’s attorney has fully complied with the responsibilities of
counsel and no arguable issue exists.
(Smith v. Robbins (2000)
528 U.S. 259, 277-284 [120 S.Ct. 746, 145 L.Ed.2d 756]; People v. Kelly (2006) 40 Cal.4th 106, 112-113;
436, 441.)
The judgment is
affirmed.
WOODS,
J.
We concur:
PERLUSS, P. J.
ZELON, J.
