People v. Ruiz CA5

INTRODUCTION

Appellant/defendant Jorge Alberto Ruiz pleaded no contest in two separate cases pursuant to a negotiated disposition and was sentenced in accordance with that disposition. On appeal, his appellate counsel has filed a brief which summarizes the facts, with citation to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We affirm.

FACTS

Case No. F12904699 On the afternoon of September 4, 2011, defendant was watching his three-week old child at the residence where he lived with his girlfriend, the child’s mother. The mother returned within 30 minutes and discovered the child was limp and not breathing. Defendant called 911 and attempted CPR. The paramedics responded and took the baby to the hospital. The child was diagnosed with bilateral hematoma, retinal hemorrhaging, and two fractured ribs. The attending physician believed the child was the victim of an “abusive head trauma” consistent with being violently shaken. The physician ruled out CPR as possibly causing the injuries, and determined the injuries resulted from an act of violence. Defendant initially stated he rocked the baby…