People v. Jefferson CA3

Filed 12/8/20 P. v. Jefferson CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Glenn) ----

THE PEOPLE, C088576

Plaintiff and Respondent, (Super. Ct. No. 16NCR11418)

v.

ALEXANDER DEPREE JEFFERSON,

Defendant and Appellant.

Appointed counsel for defendant Alexander Depree Jefferson filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) After examining the record, we find no arguable error that would result in an outcome more favorable to defendant and affirm the judgment as modified.

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I. BACKGROUND In September 2016, defendant was charged with the kidnapping of S.S., the mother of his child (Pen. Code, § 207, subd. (a)—count 1),1 three counts of assault with a deadly weapon on S.S., L.H., and A.B. (§ 245, subd. (a)(1)—counts 2-4, respectively), corporal injury on a spouse or cohabitant on S.S. (§ 273.5, subd. (a)—count 5), battery causing serious bodily injury on S.S. (§ 243, subd. (d)—count 6), two counts of criminal threats against S.S. and A.B. (§ 422, subd. (a)—counts 7-8, respectively), dissuading a witness (A.B.) (§ 136.1, subd. (b)(1)—count 9), and unlawful use of force against A.B. (§ 242—count 10). For several offenses, it was alleged that defendant personally inflicted great bodily injury (§ 12022.7, subds. (a), (e)—counts 1-3, & 7), and personally used a deadly weapon, an ice pick (§ 12022, subd. (b)(1)—counts 1, 5-9). It was further alleged that defendant had a prior serious felony conviction (§§ 667, subds., (c) & (e)(1), 1170.12), and had served two prior prison terms (§ 667.5, subd. (b)). Defendant pled not guilty and denied the allegations and enhancements. On September 14, 2016, defense counsel declared a doubt as to defendant’s competency, and the trial court suspended criminal proceedings under section 1368. Three months later, in December 2016, the trial court found defendant mentally incompetent under section 1368 and committed him to the Department of State Hospitals until his mental competency was restored. After a competency hearing in August 2017, the trial court found defendant had regained his competency and reinstated criminal proceedings. In August 2018, defendant pled guilty to count 6 (battery resulting in serious bodily injury on S.S.) and count 8 (criminal threats against A.B.), admitted that he personally used a deadly weapon during the criminal threats offense, and admitted that he