THE PEOPLE v. JUAN WALKER (2011)

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

On September 13, 2006, defendant was charged with one count of violating Health and Safety Code section 11360, subdivision (a).   It was also alleged that he had suffered a prior conviction of burglary (Pen.Code, § 459) for purposes of Penal Code sections 667.5(b) and 1170.12, subdivisions (a) – (d).  After a no contest plea was entered and then vacated following defendant's nonappearance at sentencing, defendant again pled no contest to the charge on February 23, 2009.   He also admitted the prior conviction as a one-year prison term prior.   He was sentenced to five years, comprised of the high term for the offense and one year for the prison prior.   The court, however, suspended execution of the sentence and placed him on probation with jail and other common probation conditions.   One of those conditions was that defendant obey all laws.

At the probation violation hearing, Los Angeles Police Officer Luis Rivera testified that, in the evening of October 29th, he was at the vicinity of Florence and Vermont Avenues.   City lights illuminated the area.   He encountered a screaming woman who was later identified as the victim.   She was lying on the ground.   Defendant was nearby, as was his wife.   Officer Rivera saw defendant kick the victim multiple times and tried to pull the victim's purse which she had been clutching.   The victim was bleeding from her pinky finger and neck.   As officers approached, defendant walked away, refused officers' initial commands to stop, and then turned to face them with clenched fists.   Officer Rivera testified that when ordered to the ground defendant said, “I'm not getting on the ground.”   Defendant was then forcibly taken down.   A knife found near the victim matched a set of knives that defendant's wife was holding in a plastic bag.   The knife had blood on it, but no fingerprints were recovered.   Nor was there any evidence that the blood came from the victim or anyone else.

Defendant also testified.   He said he was in the vicinity on the night in question but did not see the victim, nor did he hear anyone screaming.   Three other men were in the area.   He denied the officers told him to get down but acknowledged they took him to the ground.   His wife did not have a bag of knives with her.

At the conclusion of the hearing, the court found defendant in violation of probation.   Substantial evidence in the form of Officer Rivera's testimony and exhibits admitted into evidence supported the trial court's finding.   The previously stayed five year prison sentence was imposed, and defendant was given credit for 340 days in custody.   The court also imposed or stayed various fines and assessments.

We appointed appellate counsel to represent defendant.   On September 30, 2011, counsel filed a Wende brief stating she could not find any arguable issues for appeal.  (People v. Wende (1979) 25 Cal.3d 436.)   The brief stated that counsel had sent two letters to defendant advising him of his right to file a supplemental brief.   On September 30, 2011, we also sent a letter to defendant inviting him to file a letter or brief raising any issues he wanted us to consider.   No letter or brief was filed.

We have reviewed the record and find no arguable issues for appeal.

DISPOSITION

The judgment is affirmed.

WE CONCUR:

BIGELOW, P.J. GRIMES, J.