Filed 11/8/22 P. v. Mondragon CA2/4

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE,

Plaintiff and Respondent,

v.

M AURILO MONDRAGON

,

Defendant and Appellant. B316806 (Los Angeles County Super. Ct. No. PA095095 )

APPEAL from a judgment of the Superior Court of Los Angeles

County, David Walgren

, Judge. Affirmed.

John L. Staley

, under appointment by the Court of Appeal, for

Defendant and Appellant.

No appearance for Plaintiff and Respondent.2

In August 2020, d efendant Maurilo Mondragon was charged by

felony complaint with two counts of willful infliction of corporal injury

on a spouse or cohabitant (Pen. Code, § 273.5, subd. (a); counts 1

- 2), 1

and one count of forcible oral copulation (§ 287, subd. (c)( 2)(A) ; count 3 ).

At his preliminary hearing on December 3, 2020, defendant pled no

contest to one count of willful infliction of corporal injury on a spouse or

cohabitan t. 2 He was sentenced to four years in state prison, execution

of which was suspended. The court placed defendant on formal

probation for four years subject to various terms and conditions,

including a requirement that he complete a 52

- week domestic violence

cou nseling program.

At a court appearance on March 25, 2021

, defendant admitted he

had violated the terms of his probation by failing to consistently report

to probation, and failing to enroll in a domestic violence counseling

program. The court accepted t he admission

, found defendant in

violation of probation , and revoked and reinstated probation

. In April

2021, the probation department reported that defendant had enroll ed in

a domestic violence counseling program.

Defendant’s probation was again revoke d on July 27, 2021, for

failure to report to probation and personally appear in court. The court

issued a bench warrant, and on November 2, 2021, defendant was

remanded. At a probation violation hearing the same day, the court

1 Subsequent references to statutes are to the Penal Code.

2 Defendant pled no contest on count 2, and gave a Harvey waiver ( People

v. Harvey (1979) 25 Cal.3d 754) on the remaining counts.3

took judicial notice of the filed probation reports. After defendant

provided a statement to the court under oath, the court revoked

defendant’s probation and sentenced him to the previously suspended

term of four years imprisonment.

Defendant filed a notice of appeal from the judgment. His

appointed counsel filed a brief under People v. Wende (1979) 25 Cal.3d

436 , requesting that we conduct an independent examination of the

record

. We notified defendant that he had 30 days to file a

supplemental brief raising any contentions or arguments he wished this

court to consider. To date, we have received no response.

We have examined the entire record and are satisfied that no

arguable iss ues exist

, and that defendant has, by virtue of counsel’s

compliance with the Wende procedure and our review of the record,

received adequate and effective appellate review of the judgment.

( Smith v. Robbins (2000) 528 U.S. 259, 278.)

DISPOSITION

The judgment is affirmed.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

WILLHITE, J.
We concur:

MANELLA, P. J. COLLINS, J.