P. v. Neufeld CA2/6

Filed 5/13/13 P. v. Neufeld CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B242936 (Super. Ct. No. F468767) Plaintiff and Respondent, (San Luis Obispo County)

v.

WILLIAM JOSEPH NEUFELD, JR.,

Defendant and Appellant.

A second amended information charged appellant William Joseph Neufeld with (1) felony assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1));1 (2) a special allegation that appellant personally inflicted great bodily injury (§ 12022.7, subd. (a)), rendering the offense a serious felony (§ 1192.7, subd. (c)(8)); (3) felony battery with serious bodily injury (§ 243, subd. (d)); (4) a second special allegation that appellant personally inflicted great bodily injury (§ 12022.7, subd. (a)); and (5) four separate special allegations that appellant suffered four separate and distinct convictions that resulted in his incarceration in state prison. Appellant pleaded not guilty to these charges and denied the special allegations.

1 All statutory references are to the Penal Code.

Appellant twice moved for substitution of counsel pursuant to People v. Marsden (1970) 2 Cal.3d 118, 123. The trial court denied both motions. A jury convicted appellant of count 1, felony assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(1)), but did not find that appellant personally inflicted great bodily injury in the commission of that offense. The jury found appellant not guilty of count 2, felony battery with serious bodily injury (§ 243, subd. (d)), but did find him guilty of the lesser included offense of misdemeanor battery (§ 242). The parties agreed to waive a jury trial on the issue of the four prior prison terms allegations. The trial court sentenced appellant to a total of seven years in prison, consisting of the upper base term of four years on count 1 (felony assault), plus a term of one year on each of three prior prison term enhancements (§ 667.5, subd. (b)). The court stayed imposition of the sentence on the fourth prior prison term enhancement and sentenced appellant to six months in county jail on count 2 (misdemeanor battery), to run concurrently with the sentence on count 1. Appellant was awarded 203 days of actual credit and 202 days of conduct credits, for a total of 405 days of credit. The court also ordered appellant to pay a restitution fine of $1,600, pursuant to section 1202.4, subdivision (b). Appellant filed a timely notice of appeal, and we appointed counsel to represent him. Appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436, setting forth the facts of the case and requesting that we review the entire record. Appellant subsequently filed a two-page handwritten supplemental letter brief in which he contends "this case lacks merit." We agree with counsel's conclusion that no arguable issues exist. Accordingly, we affirm. STATEMENT OF FACTS Dr. Joan Odom, a psychiatrist at Atascadero State Hospital (ASH), met with appellant, then a patient at ASH, on December 15, 2011. Present in the examination room were two experienced psychiatric technicians, Dennis Williams and Patricia Rasor.