People v. Glover CA2/6

Filed 5/4/16 P. v. Glover CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B257085 (Super. Ct. No. TA128535-01) Plaintiff and Respondent, (Los Angeles County)

v.

ARBRY FRANK GLOVER,

Defendant and Appellant.

Arbry Frank Glover appeals a judgment following conviction of assault with a deadly weapon, with findings that he suffered two serious felony convictions and two felony strike convictions, and served six prior prison terms. (Pen. Code, §§ 245, subd. (a)(1), 667, subd. (a), 667, subds. (b)-(i), 1170.12, subds. (a)-(d), 667.5, subd. (b).)1 We reverse the findings of the serious felony conviction and felony strike conviction based upon Glover's 1980 Tennessee rape conviction, reverse and remand for further sentencing proceedings, but otherwise affirm. FACTUAL AND PROCEDURAL HISTORY Shortly after midnight on June 4, 2013, Kenneth Hermosillo was at the Artesia Transit Center in Los Angeles awaiting a bus ride. As he ran to catch a bus, Hermosillo heard Glover say, "Hey, you. . . . You heard me. Come closer." When Hermosillo approached Glover, who was in a wheelchair, Glover swung a knife at him

1 All further statutory references are to the Penal Code unless stated otherwise.

two or three times. Hermosillo jumped back so that the knife would not cut his hip or thigh. Hermosillo telephoned for police assistance and then walked away. He later explained that he approached Glover because he "was just trying to help somebody out who . . . was asking for help." On June 6, 2013, Los Angeles County Sheriff's Detective Larry Savedra interviewed Glover. After advising Glover of his rights pursuant to Miranda v. Arizona (1966) 384 U.S. 436, 444-445, he admitted that he swung his knife at "a Mexican" who had approached him. Glover stated that the victim had not threatened or harassed him, but that people in general harass him. Prior to trial, the court granted Glover's request to represent himself, pursuant to Faretta v. California (1975) 422 U.S. 806.2 Glover represented himself throughout trial, with standby counsel present, until trial of the sentencing enhancements and sentencing. During the latter proceedings, appointed counsel represented Glover at Glover's request. Conviction and Sentencing The jury convicted Glover of assault with a deadly weapon. (§ 245, subd. (a)(1).) In a separate proceeding, the trial court found that Glover suffered two serious felony and strike convictions and served six prior prison terms. (§§ 667, subd. (a), 667, subds. (b)-(i), 1170.12, subds. (a)-(d), 667.5, subd. (b).) At sentencing, the court struck one of the two felony strike convictions as well as all six prior-prison-term findings. (§ 1385, subd. (a); People v. Superior Court (Romero) (1996) 13 Cal.4th 497.) The court then sentenced Glover to 18 years imprisonment; imposed a $300 restitution fine, a $300 parole revocation restitution fine (suspended), a $40 court security assessment, a $30 criminal conviction assessment; and awarded Glover 768 days of presentence custody credit. (§§ 1202.4, subd. (b), 1202.45, 1465.8, subd. (a); Gov. Code, § 70373.)