Opinion
NOT TO BE PUBLISHED
Los Angeles County Super. Ct. No. BA342240
THE COURT:Michael Irving (appellant) appeals from the judgment entered following a jury trial that resulted in his conviction of stalking (Pen. Code, § 646.9, subd. (b)), first degree burglary (§ 459), contempt of court (§166, subd. (c)(4)), misdemeanor battery on a former cohabitant (§ 243, subd. (e)(1)), and cutting a utility line (§ 591). The trial court sentenced appellant to 13 years in state prison. We appointed counsel to represent him on this appeal.
All subsequent statutory references are the Penal Code unless otherwise indicated.
The following facts were adduced at trial: Appellant and Christine Hazely had been in a romantic relationship for many years. During this time, they had three children together. Sometime in 2002 or 2003, the relationship ended and appellant moved out of their home. After the relationship ended, appellant was physically abusive toward Hazely on several occasions. In 2007, Hazely obtained a restraining order against appellant. Notwithstanding the protective order, there were times when Hazely would allow appellant to enter her home to visit with their children.
On June 8, 2008, at approximately 3:30 a.m., Hazely returned home to discover appellant lying on her couch. She was surprised by appellant’s presence and felt scared because appellant was not supposed to be there. They began arguing and the argument escalated to physical violence. Appellant struck Hazely about 15 to 20 times, mostly in the face. Hazely attempted to call 9-1-1 with her cell phone, but appellant broke it in half. Appellant tore the telephone land out of the wall so that Hazely could not use it. Appellant threatened to kill her and began hitting her. Appellant stopped when their teenage son pulled appellant off of Hazely.
After examination of the record, appellant’s counsel filed an “Appellant’s Opening Brief [and] Request for Independent Review of Record (People v. Wende (1979) 25 Cal.3d 436)” in which no issues were raised.
On August 12, 2009, we advised appellant that he had 30 days within which to personally submit any contentions or issues which he wished us to consider. We received no response from appellant.
We have examined the entire record and are satisfied that appellant’s attorney has fully complied with her responsibilities and that no arguable issues exist. (People v. Wende, supra, 25 Cal.3d 436, 441.)
The judgment is affirmed.