Fear Not Law Articles: P. v. Collins

P. v. Collins

Filed 1/21/10 P. v. Collins CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent,

JUSTIN WADE COLLINS,

Defendant and Appellant.

H034571

(Santa Clara County

Super. Ct. No. CC813102)

Defendant Justin Wade Collins pleaded no contest to inflicting corporal injury upon a cohabitant with a prior conviction for the same offense (Pen. Code, 273.5, subd. (e)(1)) and admitted that he had suffered a prior strike conviction (Pen. Code, 667, subds. (b)-(i), 1170.12). Pursuant to a negotiated agreement, the trial court sentenced him to four years in state prison. The trial court also imposed a restitution fine of $800, a court security fee of $20, a criminal justice administration fee of $129.75, and a criminal conviction assessment of $30. Defendant has filed a timely notice of appeal.

In June 2008, the police responded to a call of a disturbance. They met with Sandra Rivera, who told them that defendant had been staying at her house. She and defendant were arguing and she tried to call a friend. At that point, defendant punched her in the mouth with a closed fist. He apologized, but she told him to leave. Rivera sustained swelling and redness to her lower lip.

Appointed appellate counsel has filed an opening brief that states the case and the facts but raises no issues. Defendant was notified of his right to submit written argument on his own behalf, but he has failed to avail himself of the opportunity. Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record and have concluded that there are no arguable issues on appeal.

The judgment is affirmed.

_______________________________

Mihara, J.

WE CONCUR:

_____________________________

Bamattre-Manoukian, Acting P. J.

_____________________________

McAdams, J.

Publication courtesy of California pro bono legal advice.

Analysis and review provided by La Mesa Property line attorney.

San Diego Case Information provided by www.fearnotlaw.com

Description	Defendant Justin Wade Collins pleaded no contest to inflicting corporal injury upon a cohabitant with a prior conviction for the same offense (Pen. Code, 273.5, subd. (e)(1)) and admitted that he had suffered a prior strike conviction (Pen. Code, 667, subds. (b)-(i), 1170.12). Pursuant to a negotiated agreement, the trial court sentenced him to four years in state prison. The trial court also imposed a restitution fine of $800, a court security fee of $20, a criminal justice administration fee of $129.75, and a criminal conviction assessment of $30. Defendant has filed a timely notice of appeal. In June 2008, the police responded to a call of a disturbance. They met with Sandra Rivera, who told them that defendant had been staying at her house. She and defendant were arguing and she tried to call a friend. At that point, defendant punched her in the mouth with a closed fist. He apologized, but she told him to leave. Rivera sustained swelling and redness to her lower lip. Appointed appellate counsel has filed an opening brief that states the case and the facts but raises no issues. Defendant was notified of his right to submit written argument on his own behalf, but he has failed to avail himself of the opportunity. Pursuant to People v. Wende (1979) 25 Cal.3d 436, Court have reviewed the entire record and have concluded that there are no arguable issues on appeal.
Rating	0/5 1 2 3 4 5 0/5 based on 0 votes.