People v. Wilson CA4/1 ( 2016 )

Filed 1/12/16 P. v. Wilson CA4/1
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, D067627
Plaintiff and Respondent,
v. (Super. Ct. No. SCS266698)
MICHAEL ANDREW WILSON,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County, Ana
España, Judge. Affirmed.
Eric A. Dumars, under appointment by the Court of Appeal, for Defendant and
Appellant.
No appearance for Plaintiff and Respondent.
Michael Andrew Wilson appeals from a judgment of commitment following a
finding he violated the terms of his probation from a prior conviction. Wilson's brief on
appeal, filed by appointed appellate counsel, presents no argument for reversal, but
invites this court to review the record for error in accordance with People v. Wende
(1979) 25 Cal. 3d 436 (Wende). Wilson did not respond to separate invitations from
appellate counsel and from this court to file a supplemental brief. After independently
reviewing the entire record for error as required by Anders v. California (1967) 386 U.S.
738 (Anders) and Wende, we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
On October 18, 2013, Wilson pleaded guilty to one felony count of inflicting
corporal injury to Flordelisa Naliza, a person with whom he was formerly cohabiting, in
violation of Penal Code section 273.5, subdivision (a). The court sentenced Wilson to
three years of probation and entered a Criminal Protective Order — Domestic Violence
that restricted him from harassing or otherwise contacting the victim, Naliza (Protective
Order). In addition, one of the specific conditions of probation was that Wilson not
contact Naliza.
On November 29, 2014, after being contacted by Naliza who was concerned for
her own safety, the police arrested Wilson and charged him with violating the Protective
Order. Upon further investigation, the probation department learned that Wilson had
been living with Naliza for approximately six months — which, the department
contended, resulted in Wilson's knowing violations of the Protective Order and the terms
of his probation that precluded him from contacting Naliza and required him to report
(and obtain approval of) any change of address within 72 hours of a change.
Wilson denied the formal accusations, and the trial court presided over a contested
evidentiary hearing for the alleged probation violations on January 30, 2015. Wilson
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testified at the hearing, admitting that he had been living with Naliza at an address he had
not reported to the probation department. The court found that Wilson had violated the
terms of his probation and, consistent with the recommendation from the probation
department, revoked probation and sentenced Wilson to the middle term of three years.
DISCUSSION
Appointed appellate counsel has filed a brief summarizing the facts and
proceedings below. Counsel presents no argument for reversal; mentions no possible, but
not arguable issues, pursuant to Anders, supra, 386 U.S. 738; and asks this court to
review the record for error as mandated by Wende, supra, 25 Cal. 3d 436. Counsel
invited Wilson to file a brief on his own behalf, we granted Wilson permission to file a
brief on his own behalf, but Wilson has not responded.
Our review of the record pursuant to Wende, supra, 25 Cal. 3d 436, and Anders,
supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issues.
Wilson has been adequately represented by counsel in this appeal.
DISPOSITION
The judgment is affirmed.
IRION, J.
WE CONCUR:
MCDONALD, Acting P. J.
O'ROURKE, J.
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