People v. Brummett CA3

Filed 3/15/22 P. v. Brummett CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (San Joaquin) ----

THE PEOPLE, C091569

Plaintiff and Respondent, (Super. Ct. No. STKCRFE20180008675) v.

JAMES ALBERT BRUMMETT,

Defendant and Appellant.

Appointed counsel for defendant James Albert Brummett filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Thereafter, defendant filed a supplemental brief. Having reviewed defendant’s arguments and the record as required by Wende, we will affirm. I. BACKGROUND In July 2018, defendant was living in a shed in a park. He and J.S. got into an argument about that shed. While they were arguing, defendant got into a car, “chased

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down” J.S., and “ended up running over him.” Defendant got out of his car and tried to get J.S. out from underneath. When he heard sirens, however, defendant ran. J.S. died as a result of his injuries. The People subsequently charged defendant with murder (Pen. Code, § 187, subd. (a))1 and alleged defendant personally used a nonfirearm weapon to commit the crime (§ 12022, subd. (b)(1)). The People also alleged defendant was previously convicted of two serious felonies. Defendant subsequently negotiated a plea agreement, pursuant to which the People amended the murder charge to a charge of voluntary manslaughter (§ 192, subd. (a)) and added a charge for hit-and-run resulting in permanent injury or death (Veh. Code, § 20001, subd. (b)(2)). In October of 2019, defendant pled guilty to the charges as amended and admitted the allegation he was convicted of a prior serious felony (§ 667, subd. (a)), which he admitted was also a strike offense (§§ 1170.12, subd. (b), 667, subd. (d)). Defendant waived referral to probation and agreed to serve an aggregate term of 19 years in state prison: six years for manslaughter, doubled for the prior strike, plus a consecutive five-year enhancement under section 667, subdivision (a) for the prior serious felony, and a consecutive term of two years for felony hit-and-run. The trial court sentenced defendant in accordance with his plea agreement and ordered him to pay various fines and fees. Defendant timely appealed; he did not obtain a certificate of probable cause. II. DISCUSSION Appointed counsel filed an opening brief that sets forth the facts and procedural history of the case and requests this court to review the record and determine whether