People v. Wilding CA3

Filed 6/9/23 P. v. Wilding CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Shasta) ----

THE PEOPLE, C097261

Plaintiff and Respondent, (Super. Ct. No. 22F0024)

v.

LANCE HUNT WILDING,

Defendant and Appellant.

Appointed counsel for defendant Lance Hunt Wilding 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.) We shall affirm the judgment, but direct preparation of a corrected abstract of judgment to properly reflect the fees orally imposed.

1

BACKGROUND The complaint charged defendant with 34 counts plus one enhancement. Because defendant pled guilty to only four of those counts (and admitted the enhancement), we shall limit our discussion to those counts. In count 1, the criminal complaint charged defendant with attempted murder of S.W. (Pen. Code, §§ 187, subd. (a), 664, subd. (a).)1 In count 2, the complaint charged defendant with corporal injury to a spouse, cohabitant, or child’s parent against S.W. (§ 273.5, subd. (a).) In count 11, the complaint charged defendant with criminal threats against F.W. (§ 422), and in count 12 with child abuse under circumstances likely to cause great bodily injury or death against R.W. (§ 273a, subd. (a).) As to count 1, the complaint further alleged defendant committed counts 1 and 2 (and three other counts) while personally inflicting great bodily injury under circumstances involving domestic violence. (§ 12022.7, subd. (e)). Defendant was arraigned on January 6, 2022; he pleaded not guilty to all 34 of the charges and denied the enhancement. On January 19, 2022, defendant returned to court to plead guilty to the four counts detailed above and to admit the enhancement as to count 2, in exchange for a sentence of 17 years to life in prison and dismissal of the remaining 30 counts and enhancements. The trial court dismissed the remaining counts. During the plea colloquy, the trial court confirmed defendant had initialed and signed the change of plea form. Defendant told the court he had read through the agreement and understood what he initialed and asked his attorney any questions he had and his attorney answered them. The court noted counsel did not join in the change of plea. Counsel explained this was intentional and told the court that counsel had not discussed the facts, elements, or potential defenses to any of the charges with defendant.