People v. Carlson CA3

Filed 6/23/22 P. v. Carlson CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Amador) ----

THE PEOPLE, C095443

Plaintiff and Respondent, (Super. Ct. No. 20-CR-29445)

v.

DAVID AXEL CARLSON,

Defendant and Appellant.

Appointed counsel for defendant David Axel Carlson has filed an opening brief setting forth the facts of the case and asking this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable error in defendant’s favor, we affirm.

1

FACTUAL AND PROCEDURAL BACKGROUND In February 2020, defendant entered his ex-girlfriend’s home, found her in bed with a man, and hit that man on the head with a baseball bat several times. The baseball bat also struck defendant’s ex-girlfriend’s hand when she tried to block defendant’s blows. When two other adults in the home tried to make defendant leave, he pointed a handgun at them at threatened to kill at least one of them. Defendant also broke multiple windows of a car parked outside the home that belonged to the man in bed with his ex- girlfriend. An information alleged defendant committed 10 offenses, including first degree burglary (Pen. Code, § 459)1; two counts of assault with a deadly weapon (§ 245, subd. (a)(1)), with the accompanying allegation of personal infliction of great bodily injury (GBI) (§ 12022.7, subd. (a)) as to one of those counts; two counts of assault with a semiautomatic firearm (§ 245, subd. (b)); vandalism causing over $400 in damage to the personal property of another (§ 594, subd. (b)(1)); willful infliction of corporal injury upon a someone with whom the offender had a previous dating relationship (§ 273.5, subd. (a)); and two counts of making criminal threats (§ 422, subd. (a)). In September 2021, and pursuant to a negotiated agreement that included a stipulated sentence of 10 years eight months in state prison and dismissal of the other charges, defendant pleaded no contest to assault with a deadly weapon (and admitted the accompanying GBI allegation); three counts of assault with force likely to produce GBI2; and vandalism over $400. On October 15, 2021, the trial court imposed the stipulated sentence of 10 years eight months, consisting of the upper term of four years for the assault with a deadly