People v. Thompson CA5

Filed 9/1/15 P. v. Thompson 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F068980 Plaintiff and Respondent, (Fresno Super. Ct. No. F13908766) v.

MICHAEL THOMPSON, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Don B. Penner, Judge. William D. Farber, 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 Michael Thompson pleaded guilty to assault with a deadly weapon and was sentenced to nine years pursuant to a negotiated disposition. 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. FACTS On the evening of September 15, 2013, Thomas Cazares was walking around an apartment complex with his wife and child. Defendant walked by, and Cazares noticed defendant was looking at his wife. Cazares asked defendant if there was a problem. Defendant approached Cazares and cursed him. Defendant pulled a knife, and Cazares’s family ran away and called the police. Defendant used his closed fist and punched Cazares twice on the right side of the head. Defendant swung the knife at Cazares five or six times. Cazares suffered three to four stab wounds on his hand. An officer responded and found defendant walking in the area. The officer ordered defendant to the ground. Defendant refused. He used racial slurs and profanity toward the officer, taunted the officer to shoot him, and reached toward his midsection. When additional officers arrived, defendant finally complied and was arrested. He was found in possession of two knives, and he was a parolee at large. Procedural History On September 17, 2013, a complaint was filed which charged defendant with count I, assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)),1 with one prior strike conviction (§§ 667, subds. (b)–(h), 1170.12, subds. (a)–(d)), one prior serious felony enhancement (§ 667, subd. (a)(1)), and one prior prison term enhancement (§ 667.5, subd. (b)).