People v. McCurdy CA1/4

Filed 2/21/25 P. v. McCurdy CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, Plaintiff and Respondent, A171097 v. JONATHAN DAVID MCCURDY, (Napa County Super. Ct. No. 23CR001320) Defendant and Appellant.

Jonathan David McCurdy appeals from his sentence of 11 years in state prison. McCurdy pled no contest to assault with a firearm on a peace officer, first degree residential burglary, and discharge of a firearm with gross negligence. McCurdy made a motion to withdraw his plea which was denied by the trial court. McCurdy was sentenced to the agreed sentence that is reflected in the Tahl1 waiver. McCurdy’s counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) asking the court to review the record for possible error. Appellate counsel identified matters which could support the appeal, in accordance with Anders v. California (1967) 386 U.S. 738.

1 (In re Tahl (1969) 1 Cal.3d 122, overruled on other grounds in

Mills v. Municipal Court (1973) 10 Cal.3d 288, 291.)

1

McCurdy’s counsel informed McCurdy that he could file a statement of issues within 30 days of the filing of the Wende brief or by January 30, 2025. Nothing was filed by McCurdy. Finding no arguable issues, we will affirm. I. BACKGROUND A. Factual On June 21, 2023, a witness reported to the Napa County Sheriff’s Department that there was a male subject at his neighbor’s home holding a hammer and stating that he had done “bad things.” Patrol units responded to the residence in Napa County. The witness told law enforcement that the owner of the residence was away, no one was supposed to be at the residence, and he “believed [McCurdy] was still inside.” Deputies noticed the home had a broken window. Announcements were made for McCurdy to come out. McCurdy “cracked open the front door and spoke incoherently to [a deputy]. He refused to follow commands, would not show his hands, and would not come out of the residence.” Deputies heard an audible bang near the door, and McCurdy slammed the door closed. About 20 seconds later, they heard an additional muffled bang from inside. After a while, McCurdy resumed speaking to deputies, but he would not come out of the house, and told the deputies they would have to shoot him to get him out. McCurdy was ordered out of the house and advised that force would be used. A police dog was deployed into the residence. Eventually, a deputy deployed a munition and broke a window on the north side of the house, and another munition into the room where McCurdy was hiding. Shortly thereafter,