People v. Maytorena CA5

Filed 4/11/22 P. v. Maytorena 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F082998 Plaintiff and Respondent, (Super. Ct. No. F16904363) v.

BRENNEN JOSHUA MAYTORENA, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. F. Brian Alvarez, Judge. William Paul Melcher, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Poochigian, Acting P. J., Peña, J. and DeSantos, J.

Appointed counsel for defendant Brennen Joshua Maytorena asked this court to review the record to determine whether there are any arguable issues on appeal following our remand of this case in People v. Maytorena (July 30, 2020, F077998) [nonpub. opn.] (Maytorena). (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. Defendant did not respond. Finding no arguable error that would result in a disposition more favorable to defendant, we affirm. BACKGROUND On July 8, 2016, defendant attacked his father with a kitchen knife, lacerating a tendon in his hand. (Maytorena, supra, F077998.) On June 21, 2018, defendant was convicted by jury trial of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1);1 count 1). The jury found that defendant personally inflicted great bodily injury (§ 12022.7, subd. (a)), and the trial court found that he had suffered a prior “strike” conviction within the meaning of the “Three Strikes” law (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)) and had served two prior prison terms (§ 667.5, subds. (a) & (b)). (Maytorena, supra, F077998.) On August 10, 2018, the trial court sentenced defendant to the midterm of six years (three years, doubled pursuant to the Three Strikes law), plus a consecutive three-year bodily injury enhancement. The court struck the prior prison term enhancements, awarded credits, and imposed various fines and fees. (Maytorena, supra, F077998.) On appeal, we conditionally reversed and remanded for the trial court to consider defendant’s eligibility for mental health diversion under section 1001.36.2 (Maytorena, supra, F077998.) Section 1001.36 authorizes a trial court to grant “pretrial diversion,” a