People v. Broussard CA2/3

Filed 10/7/15 P. v. Broussard CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B261787

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA415214) v.

KENNETH W. BROUSSARD,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Craig J. Mitchell, Judge. Reversed and remanded for resentencing; otherwise affirmed. John F. Schuck, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, James William Bilderback II and Dana M. Ali, Deputy Attorneys General, for Plaintiff and Respondent. _________________________

INTRODUCTION A jury found defendant and appellant Kenneth W. Broussard guilty of, among other things, corporal injury to a spouse and criminal threats. He was sentenced to 28 years to life in prison. Because of errors in defendant’s sentence, we reverse and remand for resentencing only. BACKGROUND1 Based on evidence Broussard cut his wife’s neck with a box cutter and said he would kill her, a jury, on December 18, 2013, found him guilty of: count 1, corporal injury to spouse (Pen. Code, § 273.5, subd. (a))2 with a true finding on a personal use of a deadly weapon allegation (§ 12022, subd. (b)(1)); count 3, criminal threats (§ 422, subd. (a)); and count 4, assault with a deadly weapon (§ 245, subd. (a)(1)).3 On January 30, 2014, sentencing was suspended pending an evaluation of Broussard’s mental competence, under section 1368. On February 25, 2014, the trial court found Broussard to be mentally incompetent and referred him to a state hospital. Proceedings resumed on October 20, 2014, following restoration of Broussard’s competency. On January 23, 2015, Broussard waived his rights and admitted two prior strike convictions. The trial court sentenced Broussard, on count 3, to 25 years to life and, on count 1, to one-third the midterm doubled to two years, plus one year for the weapon enhancement. The trial court awarded only 945 actual days of custody credits, believing that on “a life case he is not entitled to any good time/work time credits.”