People v. Sandefur CA1/5

Filed 5/17/21 P. v. Sandefur CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, Plaintiff and Respondent, A161561 v. JASON I. SANDEFUR, (City & County of San Francisco Super. Ct. No. SCN218825) Defendant and Appellant.

In a prior appeal, we affirmed Jason I. Sandefur’s convictions for assault with a deadly weapon and resisting arrest, along with a true finding of an allegation under the Three Strikes law, but we remanded to allow the trial court to consider striking a five-year prior serious felony enhancement pursuant to its new authority under Senate Bill 1393 (Stats. 2018, ch. 1013). The trial court held a hearing on remand but declined to strike the prior. Appellant filed a notice of appeal, and his court-appointed appellate counsel has filed a brief raising no issues, but seeking our independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders). We find no arguable issues and affirm.

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I. BACKGROUND We take the facts of the crime and the procedural history up until the point of the original sentencing from our unpublished appellate decision in People v. Sandefur (Jan. 11, 2019) A151720, A152650 [nonpub. opn.]: “On October 25, 2010, appellant returned to the Prita Hotel in San Francisco, where he had been staying, and was told to leave by manager Eduardo Ugarte. He returned the next day when Ugarte was carrying out equipment for recycling, pulled out a knife, and invited Ugarte to fight. Appellant swung the knife at face level and Ugarte used a vacuum cleaner he was carrying to ward appellant off. Ugarte went inside and told his son to call the police. At about the same time, appellant stabbed Sergio Rodas as Rodas walked along Mission Street, causing a superficial neck wound and a deep wound to the back left of his neck. Appellant fled from and struggled with the police officers who arrested him. He appeared to be under the influence of drugs. “Appellant was charged with attempted murder, two counts of assault with a deadly weapon, one with an allegation of great bodily injury, and resisting arrest. (Pen. Code, §§ 664/187, 245, subd. (a)(1), 12022.7, subd. (a), 148, subd. (a)(1).)[1] It was also alleged that appellant had been previously convicted of assault with a deadly weapon and making criminal threats within the meaning of the Three Strikes law and the five-year serious felony enhancement, and had served a prior prison term for those crimes. (§§ 1170.12, 667, subd. (a), 667.5, subd. (b).) “While he was in custody pending trial on the charges described above, the charges were consolidated with two counts each of solicitation of murder and dissuading a witness. (§§ 653f, subd. (b), 136.1, subd. (b)(1).) These