People v. Prieto CA3

Filed 7/18/14 P. v. Prieto CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (San Joaquin)

THE PEOPLE, C071793

Plaintiff and Respondent, (Super. Ct. No. SF104089A)

v.

RICHARD PRIETO,

Defendant and Appellant.

Defendant Richard Prieto repeatedly stabbed Carrie Penko in an unprovoked attack. A jury convicted him of attempted murder and assault with force likely to produce great bodily injury. The trial court sentenced defendant to a term of 22 years, consisting of the upper term of 18 years for the attempted murder, plus a one-year enhancement for use of a deadly weapon, plus a three-year enhancement for infliction of great bodily injury. The sentences for the remaining assault count as well as the other enhancements were stayed pursuant to Penal Code section 654. The trial began almost five years after the stabbing occurred. The jury returned a verdict 15 days after trial began. Another two months went by before defendant appeared

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for sentencing. Only then, at the beginning of the sentencing hearing, did defendant make a motion for self-representation. The trial court deemed the motion untimely. Defendant’s sole contention on appeal is that the trial court abused its discretion in denying his motion for self-representation. We shall conclude the trial court did not abuse its discretion, even though it did not make the reasons for the exercise of its discretion explicit. FACTUAL AND PROCEDURAL BACKGROUND Defendant met the victim, Carrie Penko, in late March 2007. They saw each other nearly every day between the end of March and April 4, 2007. They used methamphetamine together every day. Penko had a crush on defendant, and had sex with him one time. On the afternoon of April 4, 2007, Penko called defendant from her mother’s house and asked if he wanted something to eat. He did want something to eat, so she purchased a burrito and some tacos from a taco truck and took it to him at Denise Martinez’s house. Penko parked in the alley behind Martinez’s house, and talked to defendant outside the house for 20 to 25 minutes. Penko testified that she was “wired” but that defendant seemed normal. Penko was not upset, and neither she nor defendant was angry during that time. When Penko got back into her car to leave, defendant got into the backseat behind her. Defendant asked Penko to hand him his glasses and a charger, which were in the passenger door side pocket. As she reached back to hand him the charger, he started stabbing her with a knife in each hand. Defendant got out of the car after stabbing Penko, and ran away. Penko was able to drive away and called 911. She drove to the hospital. She was treated at the hospital for multiple stab wounds, one in the right jaw, and for a hematoma on the right side of her neck. Some of the stab wounds had to be stitched. Penko was in the hospital for three days.