People v. Oliver CA5

Filed 6/30/16 P. v. Oliver 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,

Plaintiff and Respondent, F071129

v. (Kern Super. Ct. No. BF146151A)

BRYAN OLIVER, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. John W. Lua, Judge. Valerie G. Wass, 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 Levy, Acting P.J., Poochigian, J., and Franson, J.

Appellant Bryan Oliver pled no contest to two counts of attempted murder (count 1 & 2, Pen. Code, §§ 664 & 187, subd. (a))1 and admitted a personal use of a firearm enhancement (§ 12022.53, subd. (c)). Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm. FACTUAL AND PROCEDURAL HISTORY On January 10, 2013, at approximately 8:55 a.m., as students were taking a quiz in Ryan Heber’s science class at Taft Union High School in Taft, California, 16-year-old Oliver entered the classroom armed with a shotgun. Oliver aimed the shotgun at fellow student, Bowe C., and fired, striking him in the chest. Bowe told Oliver, “I’m shot, I’m dying.” Oliver laughed and smiled as he replied, “Good.” As the students ran toward the back of the room, Oliver stated, “All I want is Jacob.” Jacob N. hid behind a table as Instructor Heber tried to defuse the situation and Oliver repeated that all he wanted was “Jacob.” As some students ran toward the back door, Oliver fired a second shot. Some of the pellets struck Heber causing a small injury to the right side of his forehead. Oliver began pacing back and forth at the front of the room and reloaded the shotgun. Meanwhile, Campus Security Supervisor Kim Fields arrived and began trying to convince Oliver to put the shotgun down, which Oliver eventually did. Fields then took Oliver to the ground. As he sat on the ground, Oliver took several shotgun shells out of his pocket. Fields took Oliver to a room where he asked him what happened. Oliver replied that he had been picked on for many years and that he just snapped that day. In an interview with sheriff deputies, Oliver stated he was at home getting ready for school and watching a movie when the next thing he knew he was in the classroom holding the shotgun. He also stated that he was just trying to get back at some of the