People v. Cavazos CA5

Filed 5/18/15 P. v. Cavazos 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F068176 Plaintiff and Respondent, (Fresno Super. Ct. No. F12907169) v.

GILBERT ADAME CAVAZOS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Denise L. Whitehead, Judge. Jean M. Marinovich, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Franson, J., Poochigian, Acting P.J., and Detjen, J.

INTRODUCTION Appellant/defendant Gilbert Adame Cavazos was sentenced to the second strike term of eleven years after pleading no contest to assault with a deadly weapon with a personal use enhancement. On appeal, his appellate counsel has filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We affirm. FACTS1 On September 11, 2012, Paula Camarena visited defendant’s home. They had been friends since childhood. Defendant welcomed her in, and they sat down and visited. After they had talked for 10 minutes, defendant excused himself and went into another room. He returned a few minutes later, and he acted differently. He seemed confused and did not recognize her. Defendant asked Camarena who she was and what she was doing in the house. Camarena had never seen him like this. She tried to talk to him and asked what he did when he left the room. Defendant acted “kind of scary,” and she became frightened and decided to leave. As Camarena tried to leave, defendant called her name and told her not to leave. He suddenly grabbed her hair, she felt something poke at her, and then felt something tear from her head and back. Camarena felt “gushes and strains” of blood dripping down her face. She pushed defendant away and ran out the door. Camarena ran into the front yard. She was screaming for help and washing off the blood with a hose. Defendant’s neighbor saw her and called 911. Camarena was taken to the hospital for treatment of multiple slashing wounds on her body. She had a five-centimeter laceration to her scalp that required six staples; a two-centimeter laceration to her forehead that required six stitches; and a 0.5-centimeter