People v. Viveros CA5

INTRODUCTION

Appellant Raymond Guillen Viveros pled no contest to one count of corporal injury on a cohabitant, a violation of Penal Code1 section 273.5, subdivision (a), in exchange for dismissal of another charge and an agreed upon maximum sentence. Viveros was sentenced in accordance with the agreement. Viveros filed a timely notice of appeal and a certificate of probable cause was granted. Appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436. We affirm.

FACTUAL AND PROCEDURAL SUMMARY

Francine Gurrola testified at the May 14, 2014, preliminary hearing that she and Viveros lived together off-and-on for 24 years. They were together on July 3, 2013, when an argument began. Viveros struck Gurrola in the face with his closed fist. Gurrola reached for her cell phone intending to call 911, but Viveros grabbed the phone and walked away. Gurrola followed, asking for her cell phone back. When she reached for the cell phone, Viveros kicked her. Gurrola started crying, telling Viveros if he would return her phone she would leave. Viveros told Gurrola if she would not call the police, he would give back her cell phone and pay her $100. Gurrola contacted the…