Filed 10/16/15 P. v. Sanchez CA6

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent,

v.

CASIMIRO SANCHEZ

Defendant and Appellant.

 H042011

 (Santa Clara County

 Super. Ct. No. C1493583)

Pursuant to a negotiated disposition, Casimiro Sanchez pleaded no contest to one 

felony count of battery (Pen. Code, §§ 242-243, subd. (d))

1

. In exchange for his no 

contest plea, Sanchez was promised three years formal probation and that he would 

receive credit for time served on any county jail sentence

On February 13, 2015, on motion of the People, the court reduced the felony 

battery offense to a misdemeanor. The court suspended imposition of sentence and 

placed Sanchez on three years formal probation; the court ordered that he serve 161 days

in county jail, which the court deemed served. The court imposed various fines, fees, and

assessments and granted the People’s motion to dismiss several other charges. The court 

ordered that Sanchez have only peaceful contact with the victim and that he perform 

20 hours of community service.

On February 24, 2015, Sanchez filed a notice of appeal based on the sentence or 

other matters occurring after the plea.

 

1 All further statutory references are to the Penal Code unless otherwise indicated.
2

Sanchez’s appointed counsel has filed an opening brief in which no issues are 

raised. Counsel asks this court to conduct an independent review of the record as

required by People v. Wende (1979) 25 Cal.3d 436. Counsel has declared that Sanchez

was notified that no issues were being raised by counsel on appeal, and that he could file 

a supplemental brief with this court.

On July 9, 2015, by letter, we notified Sanchez of his right to submit written 

argument on his own behalf within 30 days. That time has passed and we have not 

received a response from Sanchez.

Facts2

On September 23, 2014, Sanchez and his wife began arguing because he was 

sending money to his family in Mexico rather than paying his portion of the bills at 

home.3 Sanchez pushed his wife out of the way, and then pushed her into the living room 

and onto the couch. Sanchez held down his wife by the neck and used force to push her 

face into the crevice between the cushions. Sanchez “mounted her” making it difficult 

for her to breathe. Sanchez’s wife had a pacemaker and had had back surgery so she 

could not free herself. While holding down his wife, Sanchez told her, “Now you are 

going to die. This is your last moment.” Sanchez’s wife told officers that she was held 

down for approximately 30 seconds and that during that time, Sanchez twisted her hands 

behind her back and bent her fingers backward, which caused her a lot of pain. An 

officer saw that Sanchez’s wife had a swollen right middle knuckle and she complained 

of pain to the back of her head and neck area.

Based on the foregoing, the Santa Clara County District Attorney filed a felony 

complaint on September 26, 2014. Initially, Sanchez was charged with one felony count 

of assault with force likely to produce great bodily injury (§ 245, subd. (a)(4), count 1), 

 

2

The facts are taken from the probation officer’s report.

3 At the time, Sanchez and his wife had been married for more than five years, but 

had no children in common.
3

one felony count of threats to commit a crime resulting in death or great bodily injury 

(§ 422, count 2), and one felony count of inflicting corporal injury on a spouse (§ 273.5, 

subd. (a), count 3). However, on December 12, 2014, in court, at the time set for the 

preliminary hearing, the People amended the complaint to add a count 4—battery or 

offensive touching in violation of sections 242-243, subdivision (d)—as a felony.

Before Sanchez entered his no contest plea to count 4, he initialed and signed an 

advisement of rights and waiver form in which he acknowledged that he understood his 

constitutional rights, which he then waived; the charges against him; and the 

consequences of his plea. Before the court took Sanchez’s no contest plea to count 4, the 

court confirmed with Sanchez that he had reviewed the information in the waiver form 

and understood the contents, and that it was his initials and signature on the form. 

Counsel stipulated to a factual basis for the plea.

Upon our independent review of the record, we conclude there are no meritorious 

issues to be argued, or that require further briefing on appeal. Further, the fines and fees 

imposed are supported by the law and the facts. Sanchez received a legally authorized 

sentence that was within the terms of the plea agreement.

Disposition

The judgment is affirmed.
_________________________________

ELIA, ACTING P.J.

WE CONCUR:

_______________________________

BAMATTRE-MANOUKIAN, J.

_______________________________

MIHARA, J.