People v. Rudnitski CA3

Filed 8/3/21 P. v. Rudnitski CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Yuba) ----

THE PEOPLE, C092576

Plaintiff and Respondent, (Super. Ct. No. CRF20-00581)

v.

RICHARD BOLESLAUS RUDNITSKI,

Defendant and Appellant.

Defendant Richard Boleslaus Rudnitski challenges the trial court’s denial of his request that his case be found “unusual” within the meaning of Penal Code section 1203, subdivision (e) in order to overcome his presumptive ineligibility for probation. Defendant also asserts the trial court improperly used his mental health as a basis to decline to find him eligible for probation, and that he received ineffective assistance of counsel. Finding no error, we affirm the judgment.

1

BACKGROUND Defendant was at a home he shared with roommate Jerald S.1 Defendant awoke in the morning and consumed an alcoholic beverage before entering the bathroom and securing the broken door with a wooden board. Jerald and defendant began arguing, and defendant claims Jerald forced open the door while defendant was using the toilet. Defendant asserts Jerald was “hissing like a demon” and began grabbing at defendant’s shirt and necklace. Defendant grabbed a shower curtain rod and pulled if off the wall, after which he and Jerald began struggling over the rod. Defendant struck Jerald, and then stomped on his head because Jerald was a “wretched evil being.” Defendant then used his fists and feet and struck Jerald more than 15 times in the head. Every time Jerald would try to get up, defendant would punch and “stomp” him again, causing Jerald to become more and more bloodied. Police arrived and found defendant standing over Jerald in the bathroom, with Jerald bleeding profusely from his head and face. Deputies escorted defendant out of the bathroom at which point he referred to the metal rod as his “murder weapon.” Defendant also admitted to having used methamphetamine the day before. Defendant was charged with assault with a deadly weapon (Pen. Code, § 245, subd. (a))2 with an enhancement for personally inflicting great bodily injury (§ 12022.7, subd. (a)). Defendant pleaded no contest to the assault charge. Pursuant to the plea agreement, the enhancement was stricken. Defendant was sentenced to two years in state prison. Prior to his sentencing, defendant requested the trial court make an “unusual”