P. v. Cullors
Filed 1/8/13 P.
v. Cullors CA2/5
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 This opinion has not been
certified for publication or ordered published for purposes of rule 8.1115
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FIVE
THE PEOPLE,
Plaintiff and Respondent,
v.
GEORGE A.
CULLORS,
Defendant and Appellant.
B240912
(Los Angeles County
Super. Ct. No.
MA050792)
APPEAL
from an order of the Superior Court of
County, Clifford L. Klein, Judge. Affirmed.
Patrick
Morgan Ford, under appointment by the Court of Appeal, for Defendant and
Appellant.
No
appearance for Respondent.
Defendant and appellant George
Cullors appeals from an order revoking his probation for a conviction for
filed an opening brief in accordance with
requesting this court to conduct an independent review of the record to
determine if there are any arguable issues.
On November
5, 2012, we gave notice to defendant that
counsel had failed to find any arguable issues and that defendant had 30 days
within which to submit by brief or letter any grounds of appeal, contentions,
or arguments he wished this court to consider.
Defendant did not file a responsive
brief or letter. We affirm.
In October 2010, the District
Attorney of Los Angeles County filed a felony complaint in case number MA050792
charging defendant with two counts of assault
with a deadly weapon (Pen. Code, § 245, subd. (a)(1)
spouse/cohabitant/child’s parent (§ 273.5, subd. (a)). The complaint alleged that defendant
personally used a deadly and dangerous weapon in the commission of the corporal
injury offense (§ 12022, subd. (b)(1)), and that he suffered three prior
convictions within the meaning section 667.5, subdivision (b) as to all three
offenses.
In
November 2010, defendant was convicted of one count of assault with a deadly
weapon and was sentenced to a term of four years. The trial court did not order execution of
sentence; instead it placed defendant on formal probation for three years and
ordered him to serve 365 days in county jail.
In
December 2011, the District Attorney filed an information in case number
MA054708 charging defendant with assault with a deadly weapon (§ 245, subd.
(a)(1)) and inflicting corporal injury on a spouse/cohabitant/child’s parent (§
273.5, subd. (a)). The information
alleged that defendant suffered prior convictions within the meaning of
sections 667, subdivision (a)(1); 667.5, subdivision (b); and 1170.12,
subdivisions (a) through (d).
A
probation violation hearing in case number MA050792 and a jury trial in case
number MA054708 were set for April 27, 2012. At the probation hearing, Los Angeles County
Sheriff’s Department Deputy Sheriff Matt Prather testified that he responded to
a call in the 38000 block of 12th
Street East in Palmdale
where he contacted Joyce Cobb. Cobb had
reported to a 911 operator that her child’s father, with whom she lived, had
cut her face. A recording of the 911
call was played for the trial court.
Deputy Prather could smell alcohol on Cobb’s breath and Cobb slurred her
words when she spoke.
Deputy Prather observed an
injury to Cobb’s face. Cobb told the
deputy that she and her live-in boyfriend had a fight and she got cut on the
face. According to Cobb, she and
defendant argued about their daughter, and she and defendant threw glass
objects around the inside of the house.
Cobb did not indicate who started the “physical action.†Cobb said that defendant picked up a piece of
glass and cut her on the cheek. Cobb
refused treatment of her injuries that day.
Deputy Prather did not know if Cobb ever received treatment for her
injuries.
Deputy
Prather testified that the inside of the residence was in “total
disarray.†There was broken glass on the
floor and throughout the residence, “things†were knocked over, a door had been
broken off its hinges, and there was blood on the floor and walls. The trial court reviewed a videotape and
photographs of the inside of the residence.
Defendant was inside the residence.
Deputy
Prather testified that defendant was in a wheelchair. Defendant had difficulty walking, and walked
with a limp. Defendant had a cut on his
face. Deputy Prather arrested defendant
and took him to the hospital to have his facial injuries treated. Deputy Prather did not smell alcohol on
defendant.
The
trial court found defendant in violation of his probation. The trial court revoked defendant’s probation
and ordered execution of defendant’s previously imposed four year
sentence. The trial court awarded defendant
a total 675 days of actual custody and conduct credit, and imposed various
fines and fees. The People stated that
they were unable to proceed in case number MA054708, and the trial court
dismissed the case pursuant to section 1382.
DISCUSSION
We
appointed counsel to represent defendant
in this appeal. After examining the
record, counsel filed an opening brief asking this court to independently
review the record in accordance with People v. Wende, supra, 25 Cal.3d 436. On November 5, 2012,
we gave notice to defendant that counsel had failed to find any arguable issues
and that defendant had 30 days within which to submit by brief or letter any
grounds of appeal, contentions, or arguments he wished this court to
consider. Defendant did not submit a
brief or letter. We have examined the
entire record and are satisfied that defendant’s counsel has fully complied
with his responsibilities and that no arguable
issues exist. (People
v. Wende, supra, 25 Cal.3d
at p. 441.)
DISPOSITION
The
order is affirmed.
NOT
TO BE PUBLISHED IN THE OFFICIAL REPORTS.
MOSK,
J.
We concur:
TURNER, P. J.
ARMSTRONG, J.
name="_ftn1" title="">[1] All statutory citations are to the Penal Code unless
otherwise noted.
name="_ftn2" title="">[2] The information in case number MA054708 is not contained in
the record. Information about the filed
charges is from defendant’s probation report.
