People v. Garza CA5

Filed 9/8/15 P. v. Garza 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F068553 Plaintiff and Respondent, (Kern Super. Ct. No. SF017107A) v.

MICHAEL RENE GARZA, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. John W. Lua, Judge. John F. Schuck, under appointment by the Court of Appeal, Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

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

INTRODUCTION Appellant/defendant Michael Rene Garza pleaded no contest to assault with a deadly weapon and criminal threats pursuant to a negotiated disposition, and was sentenced to the second strike term of 19 years in prison. 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).) Defendant has filed a letter brief and challenges the superior court’s denial of his motion to exclude his pretrial statements. We affirm. FACTS1 Around 9:30 p.m. on March 19, 2013, Deputy James Jackson of the Kern County Sheriff’s Department responded to Town & County Liquor Store on Highway 46 in Wasco. Jackson spoke to William D. (William), who was in his 60’s. William reported that he had been assaulted with a knife by a Hispanic male in his 40’s, who had numerous tattoos and was wearing a Raiders jacket. William told Deputy Jackson the incident occurred when he was inside the liquor store. Defendant was also inside the store. Defendant asked William what he was looking at, and William replied that he would look at whatever he wanted to. Defendant told William that he was an “O.G. Sureno gangster,” and slapped William three times with an open hand. Defendant told William to leave. Defendant pulled a knife, advanced toward William, and threatened to kill him. Defendant made slashing motions with the knife toward William, and William was afraid for his life. William retreated into the back of the store. Defendant threatened to cut William’s throat, kept referring to himself as “a Sureno gangster,” and continued to advance toward him with the knife.