People v. Wuco CA3

Filed 12/10/21 P. v. Wuco CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Shasta) ----

THE PEOPLE, C092222

Plaintiff and Respondent, (Super. Ct. No. 19F2582)

v.

DAVID WILLIAM WUCO,

Defendant and Appellant.

In exchange for a stipulated sentence, defendant David William Wuco pleaded no contest to three counts of assault on a peace officer with force likely to produce great bodily injury (Pen. Code, § 245, subd. (c); (statutory section references that follow are to the Penal Code); admitted he caused great bodily injury for two of the above counts (§ 12022.7); and admitted he suffered a prior strike conviction (§ 1170.12). After denying his motion to withdraw his plea, the trial court sentenced him to the stipulated term. Defendant contends the trial court abused its discretion in denying his motion to withdraw his guilty plea, claiming his plea was not knowing, intelligent or voluntary as he was incompetent at the time of the plea. We affirm the judgment.

1

FACTS AND HISTORY OF THE PROCEEDINGS Due to the limited nature of the claim on appeal, we need not recite the facts of defendant’s crimes in any detail. It suffices to say, defendant was not allowed on the campus of Shasta College due to his alleged prior harassment of a student. When officers attempted to escort him off the property, he physically resisted. At least two officers sustained injuries including a fractured eye socket, a separated bicep, and a nasal fracture. Defendant was charged with three counts of assault on a peace officer with force likely to produce great bodily injury (§ 245, subd. (c)); three counts of battery on an officer with injury (§ 245, subd. (c)(2)); four counts of resisting officers (§ 69); and one count of trespass and refusal to leave private property (§ 602, subd. (a)). The prosecution also alleged defendant personally inflicted great bodily injury on two officers (§ 12022.7) and suffered a prior strike conviction (§§ 1170.12; 667, subd. (a)(1); 667.5, subd. (b)). On November 8, 2019, defendant pleaded no contest to three counts of assault on a peace officer with force likely to produce great bodily injury (§ 245, subd. (c)); admitted he personally inflicted great bodily injury for two of those counts (§ 12022.7); and admitted he suffered a prior strike conviction (§ 1170.12). The court sentenced defendant to the stipulated term of 19 years and four months. Prior to judgment, defendant sought to withdraw his guilty plea. He asserted he was mentally incompetent at the time of the plea and therefore his plea was not knowing, voluntary, or intelligent. Defendant stated shortly after he entered his plea, he made “troubling” statements to jail mental health staff and undertook suicidal action. Defendant claimed his mental incompetence predated and persisted through his plea. In support of his motion, defendant attached defense counsel’s declaration, a consent for the administration of the medication Zyprexa, and clinical notes documenting mental health sick calls, refusals of services, use of restraints, and suicide assessments from April to December 2019.