Filed 11/3/14 P. v. R odriguez CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 8.111 5(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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIFTH APPELLATE DISTRICT

THE PEOPLE, Plaintiff and Respondent,

v.

ISAAC GUADALUPE RODRIGUE Z, Defendant and Appellant. F066775 (Super. Ct. No. F12905505)

OPINION

THE COURT * APPEAL from a judgment of the Superior Court of Fresno County. Arlan L. Harrell, Judge. Julia Freis, under appointment by the Court of Appeal, for Defendant and A ppellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.

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* Before Levy, Acting P.J., Franson, J., and Peña, J.2

Appellant, Isaac Guadalupe Rodriguez, pled guilty to inflicting corporal injury on a cohabitant (Pen. Code , § 273.5, subd. (a)) and he admitted allegations that he had two prior convictions within the meaning of the three strikes law. Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm.

FACTUAL AND PROCEDURAL HISTORY
On May 27, 2012, Rodrigue z was outside a residence w hen he accused A.R., whom he had recently married, of having an affair. After Rodriguez apologized and A.R.
let him in to the house to talk , he again began accusing her of having an affair. Rodriguez
then grabbed A.R. by the hai r, threw her on the ground and began striking her with a
closed fist. Rodriguez’s mother was at the house and pulled Rodriguez off A.R. who then
ran to the kitchen with Rodriguez chasing her

. After A.R. hit a table and fell down , Rodriguez began kicking her and striking her with a closed fist. Rodriguez’s mother again took Rodriguez off of A.R. and a fter things calmed down, A.R. agreed to go home with Rodriguez and there were no further disturbances that day

. On May 2 9 , 2012, after again a ccusing A.R. o f having an affair , Rodriguez placed
his hands around A.R.’s neck , and began strangling her. Although A.R. did not lose consciousness, Rodriguez left red marks on her neck and the pressure caused her voice to change. On June 2, 2012, while at their resid ence packing their belongings to move out, Rodriguez became upset, took the keys to A.R.’s truck, and attempted to drive off. A.R. , however, eventually got the keys back and drove off without Rodriguez. Later , she called the police to ask for help in ret rieving her belongings from the residence and she reported the two earlier incidents to the officer who responded. The officer observed bruises through out A.R.’s body and a small cut on her right cheek. On July 24, 2012, Rodriguez was arrested.3

On J uly 26, 2012, the prosecutor filed a complaint charging Rodriguez with one count of spousal abuse and alleging two prior strikes

. On August 29, 2012, Rodriguez entered hi s plea in this matter based on an indication by the court that it would strike one of his strike convictions

. On January 10, 2013, the court sentenced Rodriguez to an eight

- year prison term, the aggravated term of four years doubled to eight years because of Rodriguez’s remaining strike conviction. Rodriguez’s appellate counsel has f iled a brief which summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. ( People v. Wende , supra , 25 Cal.3d 436.) Rodriguez has not responded to this court’s invitation to submit add itional briefing. Following an independent review of the record we find that no reasonably arguable factual or legal issues exist.
DISPOSITION The judgment is affirmed.