People v. Macias CA5

Filed 6/26/15 P. v. Macias 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F068781 Plaintiff and Respondent, (Merced Super. Ct. v. No. CRM027758)

LUIS SAUL MACIAS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Merced County. Ronald W. Hansen, Judge. Rex Adam Williams, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

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

INTRODUCTION Appellant/defendant Luis Saul Macias pleaded no contest to attempted murder and was sentenced to the stipulated term of 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 May 15, 2014, we invited defendant to submit additional briefing. Defendant has filed two letter briefs and claims the victim lied at the preliminary hearing about the circumstances of the offense. We affirm. FACTS1 On May 7, 2013, defendant asked his teenage daughter, A.M., to call Miguel Gallegos and ask him to come to their house. Gallegos was the cousin of defendant’s wife, Gabriella. Gallegos occasionally visited the house and drank beer with Gabriella. Defendant did not like Gabriella to drink beer with Gallegos. A.M. testified that earlier that day, defendant and Gabriella argued about Gallegos coming over the house and drinking with her. A.M. sent a text message to Gallegos telling him that defendant wanted to talk to him “about the beers.” Gallegos testified he called A.M. and told her that he already talked to defendant. However, Gallegos decided to go to defendant’s house anyway. A.M. testified Gallegos arrived at their house and sat on the couch. Defendant stood near the couch, and he talked to Gallegos for a few minutes. Gallegos testified that defendant asked him whether he had talked to Gabriella, and told him that he did not want beer in the house. A.M. testified Gallegos was using his cell phone and seemed to be ignoring defendant. A.M. and Gallegos testified defendant walked closer to Gallegos. Defendant kept asking questions about Gabriella. Defendant produced a kitchen knife, leaned down, and