People v. Tackitt CA5

Filed 11/4/15 P. v. Tackitt 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F069535 Plaintiff and Respondent, (Super. Ct. No. BF146565A) v.

JAMES RONALD TACKITT, JR., OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. John S. Somers, Judge. Jonathan E. Berger, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Kane, Acting P.J., Franson, J. and Smith, J.

The jury found James Ronald Tackitt, Jr., guilty of assault with a firearm as a result of a dispute he had with his wife. (Pen. Code, § 245, subd. (a)(2).)1 Tackitt, who worked for the Kern County Sheriff’s Department as a detentions deputy at the time of the offense, was also found to have used a firearm in commission of the offense within the meaning of section 12022.5, subdivision (a). Appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 asserting that after reviewing the file he did not identify any arguable issues. By letter dated October 30, 2014, we invited Tackitt to submit a letter identifying any grounds for appeal he wanted this court to consider. Tackitt did not respond to our invitation. After a thorough review of the record, we find no arguable issue and affirm the judgment. FACTUAL AND PROCEDURAL SUMMARY The Information The information charged Tackitt with assault with a firearm (§ 245, subd. (a)(2)), making a criminal threat (§ 422), and false imprisonment through the use of violence or menace (§§ 236, 237). Each count also alleged as an enhancement that Tackitt personally used a firearm during the commission of the offense within the meaning of section 12022.5, subdivision (a). The charges arose out of a single incident, and the victim was Tackitt’s wife, Lamar Marina Tackitt.2

1 All statutory references are to the Penal Code unless otherwise stated. 2 We refer to Lamar Marina Tackitt, and all other individuals who share the last name of Tackitt, by their first name to ease the reader’s task and avoid confusion with defendant. No disrespect is intended. We refer to the victim as Marina as this is the name by which she is known.