People v. Parcher CA5

Filed 3/5/25 P. v. Parcher CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F088134 Plaintiff and Respondent, (Super. Ct. No. RF009361A) v.

CHARLES FREDERICK PARCHER, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Kenneth G. Pritchard, Judge. Gina C. Teddington, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Franson, Acting P. J., Smith, J. and Fain, J. † † Judge of the Fresno Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

Charles Fredrick Parcher appeals from a judgment after he pled no contest to one count of assault by force likely to produce great bodily injury. Appointed counsel for Parcher filed an opening brief which provides the procedural and factual background of the case but raises no legal challenges to the disposition. Counsel has asked this court to conduct an independent review of the record to determine if there are any arguable issues. (See People v. Wende (1979) 25 Cal.3d 436.) Parcher was advised by counsel and by this court of his right to file a supplemental brief, which he has done. We have undertaken an examination of the record and affirm the judgment. STATEMENT OF THE CASE AND FACTS On January 12, 2024, Parcher was charged with violating one felony count of Penal Code section 245, subdivision (a)(4)1, when he committed an assault on Benjamin Rae Leonard by means of force likely to produce great bodily injury. Numerous special allegations were alleged: that the crime disclosed a high degree of cruelty, viciousness, or callousness (Cal. Rules of Court, rule 4.421(a)(1))2; that Parcher engaged in violent conduct indicating a serious danger to society (rule 4.421(b)(1)); that Parcher’s prior convictions were numerous and of increasing seriousness (rule 4.421(b)(2)); that Parcher had served a prior prison term under section 1170, subdivision (h) (rule 4.421(b)(3)); that Parcher was on probation, mandatory supervision, post release community supervision, or parole at the time the crime occurred (rule 4.421(b)(4)); and that Parcher had unsatisfactory performance on probation, mandatory supervision, post-release community supervision, or parole (rule 4.421(b)(5)). Parcher was charged in counts 2, 3 and 4 with misdemeanor violations of section 273.6, subdivision (a), disobeying three separate domestic relations court orders. All counts were alleged to have occurred on January 5, 2024.