P. v. Gonzales

Filed 4/28/06 P. v. Gonzales CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE,

Plaintiff and Respondent, A111241

v. (Sonoma County

Super. Ct. No. SCR462905)

GARY STEVEN GONZALES,

Defendant and Appellant.

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Gary Steven Gonzalez appeals from a judgment entered after a court convicted him of elder abuse. (Pen. Code, § 368, subd. (b)(1).) His counsel on appeal has filed an opening brief that asks this court to conduct an independent review of the record as is required by People v. Wende (1979) 25 Cal.3d 436.

Appellant, who was 46, lived with his 68-year-old mother, Vivian Buckley, in a mobile home in Santa Rosa. On May 2, 2005, Buckley told appellant he should move out. The comment made appellant angry. He got out of his chair and began to â€