People v. Knox CA2/1

Filed 2/28/23 P. v. Knox CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B322184

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA415456) v.

JACKIE LEE KNOX, JR.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, James R. Dabney, Judge. Affirmed. Kevin D. Sheehy, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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MEMORANDUM OPINION1 I An information charged defendant and appellant Jackie Lee Knox, Jr. with one count of attempted willful, deliberate, and premeditated murder (Pen. Code,2 §§ 187, subd. (a), 664), and one count of criminal threats (§ 422, subd. (a)). The prosecution alleged that, in 2013, Knox accosted his longtime girlfriend, accused her of cheating on him, told her, “[y]ou’re gonna make me kill you,” and “[y]ou’re gonna die today,” and stabbed her at least 16 times, including once in the neck. In 2017,3 Knox agreed to a plea bargain under which the prosecution struck the allegation that Knox acted with premeditation and deliberation in the attempted murder, and Knox pleaded no contest to the remaining charges and waived credit for time served. As part of his plea, Knox admitted that he personally used a deadly or dangerous weapon (§ 12022, subd. (b)(1)) in the commission of both offenses and personally inflicted great bodily injury on the victim (§ 12022.7, subd. (e)) in the attempted murder. Pursuant to the agreement, the court sentenced Knox to 16 years in prison.

1 We resolve this case by memorandum opinion because it “is determined by a controlling statute which is not challenged for unconstitutionality and does not present any substantial question of interpretation or application.” (Cal. Rules of Court, Standard 8.1(1).) 2Unless otherwise specified, subsequent statutory references are to the Penal Code. 3The case had been delayed after the trial court found Knox incompetent to stand trial.