(Super. Ct. No. 09F02435)
The opinion of the court was delivered by: Mauro , J.
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Appointed counsel for defendant Anthony Fravesi asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Our review indicates that defendant is entitled to additional presentence credit, but we find no other arguable error that would result in a disposition more favorable to him. We will modify the judgment.
Sherry Chapman was a neighbor of defendant's and Melody Welter's. Chapman was home doing laundry when she heard defendant and Welter arguing loudly. From her front yard, Chapman saw defendant behind Welter with his arm around her neck, choking her. Welter was screaming for him to stop and yelling for help.
Chapman called 911 and saw defendant push Welter into the house through the front door.
Deputy Sheriff Evelyn Madriago and another deputy responded to the 911 call. Madriago saw the blinds shaking and heard Welter crying inside the house. The deputies knocked several times, but no one answered. Madriago went to the back of the house. Through a bathroom window she heard Welter crying and also heard defendant, in a stern voice, telling Welter to get in the shower.
After other officers arrived, the officers resumed knocking on the front door. Defendant eventually answered and he was placed in a patrol car. Madriago, accompanied by another female officer, went inside to get Welter. Welter had a small cut on the bridge of her nose and redness on both sides of her neck.
Welter told the deputies that defendant did not hit her, but they had argued. Welter said that when the deputies knocked on the door, defendant told her to get in the shower and wash her face.
Chapman said that approximately two hours after the 911 call, Welter came over and apologized for defendant's behavior. Welter had a "cut on her nose[,] [h]er arm was red and sore, and her front teeth were loose and bloody." Welter told Chapman that when she and defendant went back to the house, he continued to hit her. He then "threw her into the shower to get the blood off of her."
Welter testified, however, that defendant did not hit her and did not tell her to take a shower. She said she did not have any injuries or bruises.
Defendant also testified. He admitted having an argument with Welter but he denied hitting, choking ...