People v. Mendoza CA5

INTRODUCTION

Appellant and defendant Frankie Joseph Mendoza pleaded no contest to felony criminal threats, and admitted a firearm enhancement and prior conviction allegations. He was sentenced to 10 years in prison. On appeal, appellate counsel filed a brief that summarized the facts with citations to the record, raised no issues, and asked this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Appellant did not file a supplemental brief on his own behalf. We affirm.

FACTS1

In October 2023, the victim lived in a two-level apartment with her four minor children. Appellant and the victim’s father also stayed at the apartment. Appellant and the victim had been in dating relationship for four years; he was not the father of her children. On the afternoon of October 24, 2023, the victim was at her apartment with appellant and the victim’s two daughters; the victim’s father was not there. The victim and appellant were upstairs when he suddenly accused her of sleeping with other men in the apartment complex so she could taunt him. Appellant asked her: “ ‘You think I’m stupid? You think I don’t know?’ ” The victim replied that he was “crazy.” Appellant…