People v. Hutzler CA5

Filed 5/5/21 P. v. Hutzler 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F080761 Plaintiff and Respondent, (Fresno Super. Ct. No. F19901871) v.

ERIN RICHARD HUTZLER, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Kristi Culver Kapetan, Judge. Thomas R. O’Brien, under appointment by the Court of Appeal, for Defendant Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Franson, Acting P.J., Meehan, J. and De Santos, J.

INTRODUCTION Appellant and defendant Erin Richard Hutzler was convicted of assault with a deadly weapon and sentenced to the second strike term of 13 years in prison. On appeal, his appellate counsel has filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We affirm. FACTS On March 13, 2019, Steven Mentzer was mowing the front lawn of his house in Fresno. A fence surrounded the front yard with a gate. His car was parked in the driveway, and the garage door was open. Defendant rode his bicycle up to Mr. Mentzer’s front gate while eating a slice of pizza. Mr. Mentzer recognized defendant from the neighborhood. Mr. Mentzer testified defendant was angry and said Mr. Mentzer had been talking about him. Mr. Mentzer replied that he had not said anything. Defendant remained at the front gate. Mr. Mentzer politely told defendant to leave. Defendant started to touch the fence. Mr. Mentzer got upset and told defendant to “get the f[**]k out of here.” Mr. Mentzer testified he made that statement because defendant “had an aggressive tone and I did not want to have to deal with him. So he wouldn’t leave when I asked him the first time. When he came up to me and asked if I said something to him and I told him no, I asked him to leave politely the first time. Well, he continued to be there, which was very nervous to me. I did not want him around my property.” Defendant started to open the front gate. Mr. Mentzer told him, “ ‘Don’t go there, dude.’ ” Mr. Mentzer testified defendant did not listen to him, and defendant opened the gate and “came at me” and acted “like he wanted to kick my butt.” Mr. Mentzer ran to his nearby car, opened the driver’s door, and intended to grab his cell phone. Defendant jumped on Mr. Mentzer’s back, pushed him into the driver’s seat, and was “pawing” at him as if he was trying to reach into the car for the cell phone.