THE PEOPLE v. SYLVIA MARIA DOMINGUEZ (2011)

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

Sylvia Maria Dominguez appeals the judgment entered after she pled guilty to second degree murder (Pen.Code, § 187, subd. (a)).¹  The December 22, 2010 change of plea was based on police reports and preliminary hearing testimony that appellant drowned three-year-old Gilbert D. in a bathtub Before the drowning, Gilbert was placed in appellant's home for foster care.

A pathologist testified the Gilbert was covered with fresh bruises and abrasions, had a bite mark on the arm, and had a severed frenulum and ruptured eardrum.   Appellant's boyfriend, Gabriel Peralta, told the police that appellant had been physically abusing Gilbert months before the drowning death and punished the infant with cold showers.

After the change of plea, appellant claimed that she had been denied effective assistance of counsel.   The trial court appointed advisory counsel, conducted a January 27, 2011 Marsden hearing (People v. Marsden (1970) 2 Cal.3d 118), and denied the motion to replace appellant's court-appointed attorney.

Appellant claimed that she had not been given adequate notice of the probation report or told that she could submit letters to the court.   The trial court continued the sentencing hearing to allow appellant more time to respond to the probation report.

On February 4, 2011, the trial court conducted a Marsden hearing, denied appellant's request to appoint new counsel, and denied probation.   Pursuant to the negotiated plea, appellant was sentenced to 15 years to life state prison and ordered to pay a $3,000 restitution fine (§ 1202.4, subd. (b)) and a $3,000 parole revocation fine (§ 1202.45).

We appointed counsel to represent appellant in this appeal.   After counsel's examination of the record, he filed an opening brief in which no issues were raised.   On August 23, 2011, we advised appellant that she had 30 days within which to personally submit any contentions or issues she wished us to consider.   No response has been received from appellant.

We have reviewed the record and are satisfied that appellant's attorney has fully complied with his responsibilities and that no arguable issues exist.   (People v. Wende (1979) 25 Cal.3d 436, 443;  People v. Kelly (2006) 40 Cal.4th 106, 125–126.)

NOT TO BE PUBLISHED.

We concur:

Superior Court County of Santa Barbara

California Appellate Project, under appointment by the Court of Appeal, Jonathan B. Steiner, Executive Director and Richard B. Lennon, Staff Attorney. for Defendant and Appellant.

No appearance for Respondent.

FOOTNOTES

FN1. All statutory references are to the Penal Code..  FN1. All statutory references are to the Penal Code.

GILBERT, P.J. COFFEE, J. Edward H. Bullard, Judge