People v. Blackmon CA5

Filed 6/25/15 P. v. Blackmon 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F068462 Plaintiff and Respondent, (Madera Super. Ct. v. No. MCR045570)

JASON KYLE BLACKMON, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Madera County. Dale J. Blea, Judge. Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Gomes, J. and Detjen, J.

INTRODUCTION Appellant/defendant Jason Kyle Blackmon pleaded guilty to attempted murder and was sentenced to nine years. On appeal, his appellate counsel 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).) By letter on April 24, 2014, we invited defendant to submit additional briefing. Defendant has filed a letter brief and claims his defense attorney was prejudicially ineffective and misled him during plea negotiations. We affirm. FACTS1 On February 17, 2013, defendant and his wife were at his sister’s house. They were in the midst of a contentious divorce. Defendant knew his wife had an affair with John K. (John), the victim, but thought they could work out their problems. John drove up to the residence of defendant’s sister. When he arrived, defendant’s wife walked up to his car; defendant also appeared. John did not know defendant was at his sister’s house. Defendant approached John’s car, and John exited his vehicle. Defendant asked John why he was there. Suddenly, defendant stabbed John in the shoulder and stomach. John suffered a three and one-half inch horizontal wound to his stomach. When defendant was taken into custody, he claimed to have consumed 15 shots of vodka. Defendant’s wife said she had six to eight shots of vodka. Defendant’s wife reported that defendant previously made numerous comments about killing John. Defendant later claimed that John regularly threatened him and said he carried a gun.

1The facts are from the probation report and the reports from the sheriff’s department, which were introduced as exhibits at the plea hearing and included within the probation report.