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P. v. Gonzalez CA2/2

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P. v. Gonzalez CA2/2
By
03:14:2018

Filed 3/1/18 P. v. Gonzalez CA2/2
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO


THE PEOPLE,

Plaintiff and Respondent,

v.

CLAUDIA GONZALEZ,

Defendant and Appellant.
B283452

(Los Angeles County
Super. Ct. No. YA093634)

THE COURT:*

Claudia Gonzalez (defendant) appeals her conviction for two counts of assault with a deadly weapon. Her appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), raising no issues. On December 8, 2017, we notified defendant of her counsel’s brief and gave her leave to file, within 30 days, her own brief or letter stating any grounds or argument she might wish to have considered. That time has elapsed, and defendant has submitted no brief or letter. We have reviewed the entire record, and finding no arguable issues, affirm the judgment.
The prosecution evidence established that defendant and her husband of 22 years had what might be termed a tumultuous marriage. On Christmas morning 2015, an argument arose over the condition of their home. Defendant had recently returned from a seven-week trip visiting her family in Columbia and was upset the house was a mess. She grabbed her husband by the throat but released him right away. Some 15 minutes later defendant argued with her 20-year-old daughter, also about the untidiness of the home. The argument escalated to name calling, and defendant began hitting her daughter. Defendant’s husband yelled at her to stop hitting their daughter. Defendant picked up a knife and made a stabbing motion, first towards her daughter, and then towards her husband.
At the close of the prosecution evidence, the trial court granted defendant’s motion to dismiss the charge of making a criminal threat (Pen. Code, § 422) against her husband during the assault. The jury found defendant guilty of two counts of assault with a deadly weapon (§ 245, subd. (a)(1)). After denying defendant’s motion for a new trial, the trial court suspended imposition of sentence and placed defendant on formal probation for five years. The court ordered probation conditions which included six months in the county jail, and completion of mental health and domestic violence programs. Defendant filed a timely notice of appeal.
We have examined the entire record and are satisfied that defendant’s attorney has fully complied with her responsibilities and that no arguable issues exist. We conclude that defendant has, by virtue of counsel’s compliance with the Wende procedure and our review of the record, received adequate and effective appellate review of the judgment entered against her in this case. (Smith v. Robbins (2000) 528 U.S. 259, 278; People v. Kelly (2006) 40 Cal.4th 106, 123-124.)
The judgment is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS.




Description Claudia Gonzalez (defendant) appeals her conviction for two counts of assault with a deadly weapon. Her appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), raising no issues. On December 8, 2017, we notified defendant of her counsel’s brief and gave her leave to file, within 30 days, her own brief or letter stating any grounds or argument she might wish to have considered. That time has elapsed, and defendant has submitted no brief or letter. We have reviewed the entire record, and finding no arguable issues, affirm the judgment.
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