People v. Garnica CA3

Filed 10/21/13 P. v. Garnica CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Tehama) ----

THE PEOPLE,

Plaintiff and Respondent, C072017

v. (Super. Ct. No. NCR82220)

RICHARD DANIEL GARNICA,

Defendant and Appellant.

Appointed counsel for defendant Richard Daniel Garnica 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).) Finding no arguable error, we affirm the judgment. An information charged defendant with mayhem (count 1; Pen. Code1, § 203), corporal injury to a former cohabitant (count 2; § 273.5, subd. (a)), and assault with a deadly weapon (counts 3-5; § 245, subd. (a)(1)). As to counts 1 and 2, it was alleged defendant personally used a deadly weapon. (§ 12022, subd. (b)(1).) As to counts 2 and

1 Undesignated section references are to the Penal Code.

1

3, it was alleged defendant personally inflicted great bodily injury under circumstances involving domestic violence. (§ 12022.7, subd. (e).) Defendant pled not guilty. The prosecutor subsequently amended the information to add count 6, battery with serious bodily injury (§ 243, subd. (d)), and the allegation that defendant personally used a deadly weapon as to that count (§ 12022, subd. (b)(1)). In return for an agreed maximum sentence of six years in state prison, defendant pled guilty to counts 4 and 6 and admitted the weapon use enhancement as to count 6; the remaining counts and allegations were dismissed. The stipulated factual basis for the plea, taken from the police report, was as follows: On July 22, 2011, Heath C., along with others, was invited by defendant’s girlfriend to be a witness as defendant moved out of her home. Defendant asked his girlfriend to let him stay. She refused. He started to yell at her. Heath C. told him to leave. Defendant took out a pocket knife, flicked the blade open, and tried to stab Heath C. When Heath C. evaded the attempt, defendant’s girlfriend, who was sitting directly behind Heath C., was slashed in the face from forehead to nose. She screamed and ran inside. Defendant chased Heath C. into the street with knife in hand, but he got away unharmed. Defendant then turned to Jason C., who said he had called the police. Defendant chased him with the knife, but he also got away unharmed. The trial court thereafter imposed a six-year state prison sentence, consisting of four years (the upper term) on count 4, plus one year (one-third the midterm) on count 6, plus one year for the weapon use enhancement on count 6. The court awarded 530 days of presentence custody credits (354 actual days and 176 conduct days).2 The court imposed an $800 restitution fine (§ 1202.4, subd. (b)), a suspended $800 restitution fine