People v. Facciuto CA3

Filed 4/28/21 P. v. Facciuto CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Butte) ----

THE PEOPLE, C089668

Plaintiff and Respondent, (Super. Ct. No. 18CF03794)

v.

ALTON JAMES FACCIUTO,

Defendant and Appellant.

Appointed counsel for defendant Alton James Facciuto has asked this court to conduct an independent review of the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable error in defendant’s favor, we affirm. FACTUAL BACKGROUND At the plea hearing in the trial court, the parties stipulated the factual basis for defendant’s plea could be taken from the probation report. Accordingly, the factual background here is summarized from the probation report.

1

In August 2017, defendant was released from prison. He had a history of mental illness, which made him “unpredictable” and caused his parents (Ralph & Sherry) to be “afraid” of him. On January 18, 2018, Butte County Behavioral Health contacted Ralph and said defendant was “ ‘jumped’ ” the night before. They wanted one of defendant’s parents to pick him up and take him to the hospital, so Sherry did. At the hospital, however, defendant refused medical treatment and walked out. Sherry called Ralph and told him she did not want defendant to return to their home. Nevertheless, when Ralph and Sherry returned home later that afternoon defendant was there. He appeared to his parents to be “ ‘in a different world’ ”; he had a “blank stare” that reminded Ralph of “ ‘shark eyes.’ ” Ralph and Sherry knew defendant needed help they could not provide. Ralph told defendant he could not stay with them unless he took his medication. Defendant agreed. Ralph called the county’s health crisis center and they told him to bring defendant in so the staff could give him his medication. Ralph and Sherry agreed they would take defendant together. Defendant did not want Ralph to go; he wanted Sherry to take him. Ralph refused and told defendant the three of them would leave together. While defendant stood outside their home, Sherry went to an outbuilding to get blankets. Approximately 20 minutes later, defendant went back inside the home without Sherry. Ralph asked where Sherry was, and defendant said he did not know. Defendant also said, “ ‘I guess I don’t have to kill myself now.’ ” Ralph understood that to mean defendant was feeling better. Later, Ralph heard his car engine engage and drive away. He assumed defendant and Sherry were leaving together because he still had not found her on their property. But Ralph was worried because Sherry was afraid of defendant and would not leave with him by herself. Ralph called the Butte County Sheriff and requested a welfare check on Sherry and defendant. He then reported Sherry missing.