People v. Matteucci CA1/2

Filed 9/29/15 P. v. Matteucci CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, A144793 v. VINCENT PIERRE MATTEUCCI, (San Mateo County Super. Ct. No. SC082668A) Defendant and Appellant.

Vincent Pierre Matteucci was sentenced to three years in state prison after entering pleas of no contest, pursuant to a plea bargain, to assault with a deadly weapon and resisting an officer. Matteucci’s appointed appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) (see Anders v. California (1967) 386 U.S. 738 (Anders)), in which he raises no issue for appeal and asks this court for an independent review of the record. (See also People v. Kelly (2006) 40 Cal.4th 106, 124.) Counsel attests that Matteucci was advised of his right to file a supplemental brief, but he has not exercised that right. We have examined the entire record in accordance with Wende. We agree with counsel that no arguable issue exists on appeal and affirm.

1

BACKGROUND1 The crimes with which Matteucci was charged stem from two separate incidents. On October 21, 2013, Bay Area Rapid Transit District police officers responded to a report that Matteucci had thrown a hammer at a group of picketers. Matteucci was identified by several witnesses and victims. Matteucci told officers he threw the hammer into the middle of the street to protect a girl from the picketers. As he spoke to the officers, a 4.5-inch wood-handled, metal pick dropped from Matteucci’s person. Matteucci claimed it was a “wood whittler” and said he had pulled it out because he thought someone was going to stab him in the back. On November 2, 2013, while in custody, Matteucci made threatening statements to two correctional officers as they escorted him to a holding unit. As he was placed in the holding cell, Matteucci threw himself against a cell wall, went to his knees and tried to slam his forehead into the corner wall of the cell. According to the probation report, on March 20, 2014, Matteucci was found not competent to stand trial. He was admitted to Napa State Hospital and returned to the court as competent to stand trial on August 21, 2014.2 On January 26, 2015, the People filed an information charging Matteucci with seven counts: (1) assault with a deadly weapon (a hammer) (Pen. Code, § 245, subd. (a)(1))3; (2) carrying a concealed dirk or dagger (§ 21310); (3) brandishing a deadly weapon (a hammer) in a rude, angry or threatening manner (§ 417, subd. (a)(1)); (4 & 6) making criminal threats (§ 422); and (5 & 7) resisting an officer (§ 69). The information further alleged six prior felonies within the meaning of section 1203, subdivision (e)(4) (probation preclusion in the absence of unusual circumstances) and three prior prison terms within the meaning of section 667.5, subdivision (b) (one-year enhancement).