People v. Fagoaga CA2/4

INTRODUCTION AND PROCEDURAL BACKGROUND

In 2022, a jury convicted defendant and appellant Edgard Fagoaga of misdemeanor battery against a girlfriend, C.V.1, in violation of Penal Code section 243, subdivision (e)(1).2 The trial court suspended imposition of sentence and placed Fagoaga on summary probation for three years. Fagoaga timely appealed, and we appointed counsel to represent him. On July 5, 2023, appellate counsel filed a brief raising no issues and asking us to review the record independently. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Fagoaga did not respond to our letter advising him of his right to file supplemental briefing. Following our review of the record pursuant to Wende, we affirm.

FACTUAL BACKGROUND

Prosecution Case

Fagoaga was in a dating relationship with C.V. for 10 months, which began in 2018. On May 18, 2019, after C.V.’s two- year-old daughter had gone to sleep, Fagoaga and C.V. were drinking alcohol at C.V.’s apartment, when C.V. confronted Fagoaga about wanting to end their relationship. When C.V. brought this up, Fagoaga began taking swigs of alcohol. Fagoaga

We use initials to protect the privacy of the person against whom the offense…