>P. v.
Valente



















Filed 9/18/12 P. v. Valente CA5

















NOT
TO BE PUBLISHED IN THE OFFICIAL REPORTS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opinion has not been certified for publication or ordered published for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

FIFTH APPELLATE DISTRICT




>

THE PEOPLE, Plaintiff and Respondent, v. SAUL LARA VALENTE, Defendant and Appellant.

F064038 (Super. Ct. No. F11500924) >OPINION

THE
COURT^*

APPEAL from a judgment of the
Superior Court of Fresno
County. Kristi C. Kapetan, Judge.

J. Edward Jones, under appointment
by the Court of Appeal, for Defendant and Appellant.

Office of the State Attorney
General, Sacramento, California, for Plaintiff and Respondent.

-ooOoo>-

It was alleged
in an information filed September 8, 2011,^[1] that appellant, Saul Lara Valente, committed
the following offenses: willful
infliction of corporal injury on a spouse (Pen. Code, § 273.5, subd. (a); count
1), battery with infliction of serious bodily injury (Pen. Code, § 243, subd.
(d); count 2), and assault with a deadly weapon (Pen. Code, § 245, subd.
(a)(1); count 3). It was further alleged
that appellant inflicted great bodily injury in the commission of the count 1
and count 3 offenses (Pen. Code, § 12022.7, subd. (e)) and that he
personally used a deadly weapon in committing the count 1 offense (Pen. Code, §
12022, subd. (b)(1)).

On October
27, pursuant to a plea agreement,
appellant pled guilty to count 1 and admitted both enhancement allegations, and
the court dismissed the remaining counts.


One of the
terms of the plea agreement was that appellant would receive a prison sentence
of no more than three years. On November
29, the court imposed a three-year prison term, consisting of the two-year
lower term on the substantive offense and one year on the weapon use
enhancement. The court also imposed a
three-year term on the count 1 serious bodily injury enhancement, but
thereafter struck that term. The court
awarded presentence custody credits of 190 days, consisting of 166 days of
actual time credit and 24 days of conduct credit.

On December
14, appellant filed a timely notice of
appeal. He did not request, and the
court did not issue, a certificate of probable cause (Pen. Code, §
1237.5).

Appellant’s appointed appellate
counsel has filed an opening brief
which summarizes the pertinent facts, with citations to the record, raises no
issues, and asks that this court independently review the record. (People
v. Wende (1979) 25 Cal.3d. 436.)
Appellant has not responded to this court’s invitation to submit
additional briefing. We affirm.

FACTS^[2]>

On June 16,
appellant and the victim, his wife, were outside their home when, during an
argument about whether appellant had been seeing other women, “[t]hey started
fighting.” The victim fell to the
ground, and appellant kicked her in the stomach and struck her in the head with
a piece of wood. The victim called 911,
but the “authorities did not show up.”
Shortly after midnight, the victim was not feeling well, and appellant
took her to the hospital where Fresno County deputy sheriffs, who had been
called after the victim reported that appellant had injured her, observed a
“deep laceration on the right side of [the victim’s] head.” Medical personnel used seven staples to close
the wound.

DISCUSSION

Following independent review of the record, we have
concluded that no reasonably arguable legal or factual issues exist.

DISPOSITION

The
judgment is affirmed.