P. v. Espinoza
We appointed counsel to represent defendant on appeal. Counsel filed a brief which set forth the facts of the case. Counsel did not argue against the client, but advised the court no issues were found to argue on defendant’s behalf. Defendant was given 30 days to file written argument in defendant’s own behalf. That period has passed, and we have received no communication from defendant.
Defendant Frank Espinoza pleaded guilty to violating Penal Code section 273.5, subdivisions (a), (e)(2) domestic battery, and Penal Code section 166, subdivision (c)(1) violation of a protective order. (All statutory references are to the Penal Code.) In support of his guilty plea, defendant offered the following statement which was signed by both him and his lawyer: “On August 13, 2011, in Orange County, I willfully and unlawfully inflicted corporal injury resulting in a traumatic condition upon Elizabeth Blanco-Haros, my girlfriend who I was living with and cohabiting with at the time, by grabbing her by the hair and arms and dragging her on the floor causing visible injuries to her body. [¶] I also admit that I was previously convicted of a violation of Penal Code section 243 [subd.] (e)(1) on March 11, 2010 in Los Angeles Superior Court case number CITOJB0203001. [¶] On October 12, 2012, in Orange County, I willfully, knowingly, and unlawfully, violated a protective and stay away order issued by a court pursuant to Penal Code section 136.2 in a pending criminal proceeding involving domestic violence as described in Penal Code section 13700, by contacting Elizabeth Blanco-Haros knowing that my actions were in violation of the court order.†Prior to accepting his guilty plea, the court read those facts aloud to defendant and asked him whether those facts are true and correct. Defendant responded: “Yes, Sir.â€
Defendant was advised of his rights and the possible consequences of pleading guilty. The court found he understood his rights and that he waived them. The maximum sentence defendant faced for committing the crimes he admitted was four years in prison. The court suspended imposition of sentence and placed defendant on formal probation for five years. Defendant accepted the terms and conditions of probation. One of the terms and conditions of probation was serving 180 days in jail.
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