P. v. Rosales

 

 

 

 

 

 

 

 

 

 

 

 

Filed 12/3/13  P. v. Rosales CA3

 

 

 

 

 

 

NOT TO BE PUBLISHED

 

 

 

 

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opinion has not been certified for publication or ordered published for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

THIRD APPELLATE
DISTRICT

(Butte)

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>

THE PEOPLE,                           Plaintiff and Respondent,               v.   FRANCISCO ROSALES,                           Defendant and Appellant.

C073577   (Super. Ct. No. CM036833)

            On July 14, 2012, defendant
Francisco Rosales got into an argument with his cohabitant, who was pregnant
with his child.href="#_ftn1" name="_ftnref1"
title="">[1]  At various points in the argument, which
continued to the following day, defendant stated, “If I can’t have you, then
nobody else can”; he threatened to kill the cohabitant; he said, “I might as
well kill you now”; he told her, “You’re not calling the cops.  You’re never going to call the cops”; and he
threatened to kill her because she was worthless.

            Defendant
pleaded no contest to threatening to commit a crime that would result in death
or great bodily injury
(Pen. Code, § 422, subd. (a)) and admitted that he had served a prior
prison term (Pen. Code, § 667.5, subd. (b)).  In exchange, three related counts and a knife
use allegation were dismissed with a Harvey waiver.href="#_ftn2" name="_ftnref2" title="">[2]

            Defendant
was sentenced to prison for the upper term of three years plus one year for the
prior conviction.  He was awarded 243
days’ custody credit and 242 days’ conduct credit.  Defendant was ordered to make restitution to
the victim and to pay a $280 restitution fine (Pen. Code, § 1202.4,
subd. (b)); a $280 restitution fine, suspended unless parole is revoked (Pen.
Code, § 1202.45); a $40 court operations fee (Pen. Code, § 1465.8,
subd. (a)(1)); and a $30 court facilities assessment (Gov. Code,
§ 70373).  Defendant’s request for a
certificate of probable cause was
denied.

            We
appointed counsel to represent
defendant on appeal.  Counsel filed an
opening brief that sets forth the facts of the case and requests this court to review
the record and determine whether there are any arguable issues on appeal.  (People v.
Wende (1979) 25 Cal.3d 436.) 
Defendant was advised by counsel of the right to file a supplemental
brief within 30 days of the date of filing of the opening brief.  More than 30 days elapsed, and we received no
communication from defendant.  Having
undertaken an examination of the entire record, we find no arguable error that
would result in a disposition more favorable to defendant.

DISPOSITION

            The
judgment is affirmed.

 

                                                                                                    RAYE                     , P. J.

We concur:

 

 

              BLEASE                   , J.

 

 

              HULL                       , J.