1 Filed 11/26/14 P. v. Rodgers CA3 NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
THIRD APPELLATE DISTRICT (Shasta)

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THE PEOPLE, Plaintiff and Respondent,

v. JOE RODGERS, JR., Defendant and Appellant. C075858 (Super. Ct. No. 11F7576)

This appeal comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436. In December 2011, a felony complaint ch arged defendant Joe Rodgers, Jr., with one count of infliction of corp oral injury on a cohabitant. (Pen. Code, § 273.5, subd. (a).) 1 Defendant pleaded no contest in return fo r a grant of formal probation. In January 2012, the trial court suspended imposition of sentence and granted formal probation for three years.

1 Undesignated statutory references are to the Penal Code.2 In May 2012, a petition alleging a violation of probation was file d. Over the next year, the probation department filed four more violations, and the district attorney’s
office filed one violation. At a hearing in May 2013, the trial court found true the two violations alleged in the probation department’s late st petition: that defendant tr aveled outside Shasta County without the probation officer’s permission, and that he failed to contact the probation officer by the next working day after his arrest and release. Further proceedings on other alleged violations were con tinued because defendant was una ble to go forward with his testimony. At the continued hearing in June 2013 , the trial court ordered a psychological
evaluation of defendant to determine whether his thought processes might be affected by
a mental disorder. The evaluation determined that defendant’s thought processes were
not so affected. The trial court and the parties agreed to schedule one of the other probation violations for sentencing, and the prosecut or dismissed all remaining allegations. In February 2014, the trial court imposed a state prison sentence of four years (the middle term). The court awarded 68 days of presentence custody credits (34 actual days and 34 conduct days). The cour t ordered payment of a $1,000 restitution fine (§ 1202.4, subd. (b)) and the previously stayed proba tion restitution fine in the same amount (§ 1202.44); the court also im posed a suspended parole revoc ation restitution fine in the same amount (§ 1202.45). The court additio nally ordered a $40 court operations fee (§ 1465.8, subd. (a )(1)) and a $30 criminal conviction a ssessment (Gov. Code, § 70373). According to the probation report, in th e underlying case, the victim, S.B., told
law enforcement that defendant punched her in the face du ring an argument in their bedroom, then charged her in the hallway as she attempted to retreat. A witness corroborated the victim’s story.3 According to testimony at the violation of probation hearing, defendant left Shasta County to attend a family fune ral without notifying his probation officer that he intended to travel outside the county. He was arrest ed on April 29, 2013, a nd released on May 1, 2013, but did not contact his probation office r to inform him of the arrest until on or about May 13, 2013. We appointed counsel to represent defenda nt on appeal. Counsel filed an opening
brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. ( People v. Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed,
and we received no communica tion from defendant. Having undertaken an examination of the entire record, we find no arguable e rror that would result in a disposition more
favorable to defendant.
DISPOSITION The judgment is affirmed.

NICHOLSON , Acting P. J.

We concur:

MAURO , J.

DUARTE , J.