1 Filed 7/31/14 P. v. Stapleton CA4/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELL ATE DISTRICT DIVISION TWO

THE PEOPLE, Plaintiff and Respondent,

v. LARRY LEE ST APLETON, Defendant and Appellant. E060812 (Super.Ct.No. RIF1104336)

OPINION

APPEAL from the Superior Court of Rivers ide County. Rafael A. Arreola, Judge. (Retired judge of the San Di ego Super. Ct. assigned by the Ch ief Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed. Jason L. Jones, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. Defendant Larry Stapleton appeals from the superior court’s order denying his motion to reduce his felony conviction to a misdemeanor, terminate his probation early, and expunge his record. As discussed below, we affirm.2 P ROCEDURAL B ACKGROUND 1 On August 9, 2011 , the People filed a felony co mplaint charging defendant with inflicting corporal punishment on a child re sulting in a traumatic condition (Pen. Code, § 273d, subd. (a)), 2 false imprisonment (§ 236), a nd criminal threats (§ 422). On September 20, 2011, defe ndant pled guilty to criminal threats in exchange for the other two counts being dismissed. On October 13, 2011, the trial court place d defendant on formal probation for 36 months, including a conditio n that he serve 70 days in county jail. A minute order dated June 14, 2013, sh ows the trial court heard and denied a motion by defendant, acting in pro per, to terminate his probation early pursuant to

section 1203.3. On January 16, 2014, defe ndant, acting in pro per, filed a motion to reduce his felony conviction to a misdemeanor pursuant to section 17, subdivision (b), terminate his probation early pursuant to section 1203.3, and expunge his record pursuant to section

1203.4. On February 4, 2014, the superior c ourt heard and denied defendant’s motion, commenting that “It appears that you’re still not accepting responsibility for your actions, and you appear to think that for a 422 you need actual inju ry and serious injury. Maybe you don’t understand. A 422 doesn’t require any injury at a ll. It’s a thr eat to somebody;

1 Defendant pled guilty early in the pr oceedings, so the record contains few reliable facts about th e charged offenses.3 not an injury to some body. So I don’t know if you completed—it appears you may have completed domestic violence courses, but I’m not sure if you actually learned from it if you’re making the comment that you’re making.” This appeal followed.

D ISCUSSION We appointed counsel to represent defenda nt on appeal. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Ca l.3d 436 and Anders v. California (1967) 386 U.S. 738 setting forth a statement of the case, a summary of the facts, and potential arguable issues, and requesting this court to undertake a review of the entire

record.

We offered defendant an opportunity to file a personal supplemental brief, but, surprisingly, given the length of his January 16, 2014 motion and extended notice of appeal, he has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have conducted an in dependent review of the record and find no arguable issues.

2 All section references are to the Penal Code unless otherwise indicated.4 D ISPOSITION The judgment is affirmed.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

RAMIREZ P. J.

We concur:

RICHLI J.

MILLER J.