P. v. Ridgeway CA3

Filed 7/31/13 P. v. Ridgeway CA3 NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sutter) ----

THE PEOPLE,

Plaintiff and Respondent, C072424

v. (Super. Ct. No. CRF120913)

KEVIN DEWAYNE RIDGEWAY,

Defendant and Appellant.

Defendant Kevin Dewayne Ridgeway pleaded no contest to assault with a deadly weapon. (Pen. Code, § 245, subd. (a)(1).) The trial court dismissed two prior prison term allegations (Pen. Code, § 667.5, subd. (b)) and sentenced defendant to the upper term of four years in state prison. Defendant now contends the trial court abused its discretion in imposing the upper term. We conclude the record supports the upper term and the trial court did not abuse its discretion. We will affirm the judgment.

1

BACKGROUND Defendant and the victim had been roommates and friends. But when defendant arrived at their residence and demanded entry to obtain his personal property, the victim stood in the doorway and refused to let defendant enter. After pushing each other, defendant pulled a steak knife from his pocket. Defendant lunged at the victim and the knife touched the victim’s stomach without causing injury. The victim pushed defendant back. Defendant changed his grip on the knife and tried to stab the victim in the neck. The victim raised his arms in defense and defendant stabbed the victim in the forearm. DISCUSSION Defendant contends the trial court abused its discretion in imposing the upper term. He claims the trial court failed to properly consider that it was defendant’s first crime of violence, the parties were intoxicated, defendant is illiterate, he has a history of addiction, and he has work experience as a diesel mechanic. At the beginning of the sentencing hearing, the trial court said it read the probation report, but defense counsel indicated that defendant could not read. Defense counsel requested and obtained a recess to read the probation report to defendant. The probation report said defendant was convicted of receiving stolen property in 1988, 2000 and 2001; driving on a suspended license in 1994, 2005, 2008, and 2010; possession of a controlled substance in 1998 and 2006; and being a felon in possession of ammunition in 2006. He was sentenced to state prison in 2004 and 2006 and he had numerous probation and parole violations. The probation report noted that defendant had worked as a diesel mechanic but his license was suspended or revoked. The probation report said defendant denied stabbing the victim, claiming he and the victim are alcoholics and that the victim “ ‘stuck himself.’ ” Defendant admitted using methamphetamine and marijuana since his teen years, but then denied recent use.