People v. Bailey CA1/5

Filed 12/4/15 P. v. Bailey CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, Plaintiff and Respondent, A145099 v. TODD A. BAILEY, (Alameda County Super. Ct. No. C171261) Defendant and Appellant.

Todd A. Bailey appeals from a judgment sentencing him to ten years in prison after he pleaded no contest to a single count of attempted murder and admitted using a deadly weapon (scissors) during the commission of that offense. (Pen. Code, §§ 187, 664, 12022, subd. (b)(1).)1 His court-appointed counsel has filed a brief raising no issues, but seeking our independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders). We find no arguable issues and affirm.

I. BACKGROUND On March 5, 2013, Oakland Police Department officers were dispatched to a home and discovered Jane Doe 1 lying face down in a pool of blood. She had several stab wounds on her body and head injuries requiring stitches and staples. Appellant, who was in a relationship with Jane Doe 1, was sitting on a plastic milk crate and was arrested at gunpoint. A pair of bloody safety shears were found on the floor inside the home.

1 Further statutory references are to the Penal Code.

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Jane Doe 1’s teenage sister, Jane Doe 2, told police appellant had been in the bedroom choking, hitting and kicking Jane Doe 1. Jane Doe 2 saw appellant grab something off the dresser and stick it in Jane Doe 1’s side before dragging her out to the porch where he continued to beat her. When Jane Doe 2 tried to stop appellant from continuing his attack on her sister, he punched Jane Doe 2 in the jaw. On April 11, 2013, the district attorney filed an information charging appellant with attempted murder and assault with a deadly weapon against Jane Doe 1 and misdemeanor battery against Jane Doe 2. (§§ 187, 242, 245, subd. (a)(1), 664.) As to the attempted murder count, it was alleged appellant had personally used a deadly weapon and had personally inflicted great bodily injury under circumstances involving domestic violence. (§§ 12022, subd. (b)(1), 12022.7, subd. (e).) As to the assault with a deadly weapon count, it was alleged appellant had personally inflicted great bodily injury under circumstances involving domestic violence. (§ 12022.7, subd. (e).) The information also alleged appellant had previously served three separate prison terms. (§ 667.5, subd. (b).) On September 27, 2013, the court granted appellant’s motion to represent himself under Faretta v. California (1975) 422 U.S. 806. Less than a month later, on November 22, 2013, appellant surrendered his right to represent himself and the court appointed the Public Defender’s Office to represent him. On January 8, 2014, and June 9, 2014, the court denied appellant’s motions for substitute counsel under People v. Marsden (1970) 2 Cal.3d 118 (Marsden). On July 9, 2014, the court granted appellant’s motion to represent himself and on September 24, 2014, appellant indicated he wanted an attorney. Appellant filed a written motion seeking counsel on September 25, 2014. On October 20, 2014, represented by a deputy public defender, appellant entered a plea of not guilty by reason of insanity, and two doctors were appointed to evaluate his sanity at the time of the offenses. (See § 1027.) On December 5, 2015, the court denied a Marsden motion and received medical reports from the doctors, one of whom concluded appellant met the legal definition of insanity while the other concluded he did not.