1

Filed 7/9/21 P. v. Gutierrez CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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 This opinion has not been certified for publication or

or dered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE

, Plaintiff and Respondent

,

v.

MICHAEL ANTHONY

GUTIERREZ

, Defendant and Appellant

. A16 1812

( Sonoma County Super. Ct. No. SCR

- 72689 0 1 )

Michael Anthony Gutierrez appeals from a five

- year prison sentence

imposed after he admitted to a violation of his probation

. Appellate counsel

for Gutierrez filed a brief asking this court to independently review the

record for arguable issues. ( People v. Wende (1979) 25 Cal.3d 436 ( Wende ) .)

We find no arguable issues requiring further briefing. We direct the clerk of

the superior court to correct a clerical error in the abstract of judgment

, and

otherwise affirm

.

BACKGROUND

Gutierrez pled guilty to one felony count of infliction of corporal injury

on a dating partner within seven years of a previous Penal Code section

273.5, subdivision (a) conviction. 1 (§ 273.5 , subd. ( f)(1)

. ) In July 2019, t he

1 U ndesignated statutory references are to the Penal Code.2

trial court sentenced Gutierrez to a five

- year prison term

, but suspended

execution of the sentence and placed him on 36 months of formal probation

.

In November 2020, Gutierrez admitted to a violation of probation for

failure to keep his probation officer advised of his whereabouts and failure to

report to probation. The trial court revoked Gutierrez’s probation and

imposed the previously suspended five

- year pri son sentence. Gutierrez was

awarded 517 days of custody credit.

DISCUSSION

Gutierrez’s appellate counsel filed a Wende brief and notified Gutierrez

of his right to file a supplemental brief on his own behalf. No supplemental

brief has been filed. We have reviewed the record t o determine whether there

were errors based on the sentence imposed

, or other grounds that arose after

Gutierrez’s admission of probation violation that do not affect the validity of

his admission

. (Cal. Rules of Court, rule 8.304(b)( 4 ) (B)

. ) We found none.

The trial court was authorized to impose sentence on Gutierrez’s conviction.

(§ 1203.2, subd. (c) [“ U pon any revocation and termination of probation ” “ if

the judgment has been pronounced and the execution thereof has been

suspended, the court may revoke the suspension and order that the judgment

shall be in full force and effect

. ”].) We find no reasonably arguab le appellate

issues requiring further briefing

. Although our review revealed no arguable bases for reversal, it did

reveal a clerical error in the abstract of judgment: the heading incorrectly

identifies Gutierrez ’s date of birth as March 28, 1994 instea d of March 28,

19 8 4

. We thus order correction of the abstract

. ( People v. Mitchell (2001)

26 Cal.4th 181, 185 .)3 DISPOSITION

The superior court clerk is directed to prepare an amended abstract of

judgment correcting Gutierrez ’s date of birth

, and to transmit a copy of the

amended abstract to the Department of Corrections and Rehabilitation. As

modified, the judgment is affirmed.4 __________ _______________ Rodriguez, J. *

WE CONCUR:

_________________________ Needham, Acting P. J.

_________________________ Burns, J.

A161812

* Judge of the Superior Court of Alameda County , assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution

.