People v. Minshew CA3

Filed 9/27/23 P. v. Minshew CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sutter) ----

THE PEOPLE, C096907

Plaintiff and Respondent, (Super. Ct. No. CRF-20-000- 3082) v.

KENNETH ROY MINSHEW,

Defendant and Appellant.

Appointed counsel for defendant Kenneth Roy Minshew 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.) Finding no arguable errors that would result in a disposition more favorable to defendant, we will affirm the judgment.

1

BACKGROUND We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 123-124.) On the afternoon of December 26, 2020, William S. and L.S., husband and wife, drove to visit a friend in Yuba City. The friend was not home so they got back in the car and left with William driving. William was about to make a right turn when defendant pulled up in front of their car in a pickup truck. Both vehicles stopped. The men exchanged words. Defendant got out of his truck and went to the passenger side of William and L.S.’s car and began cursing at them. They both shouted back through the window. Defendant said, “Do you want to fight?” William got out of the car and defendant started punching him. L.S. got out of the car to intervene and defendant punched her. A passerby called the police. Defendant testified at trial that William had a semiautomatic handgun. Defendant said he heard William say, “you’re going to pay,” and thought he was going to pay with his life. Defendant took a knife from the console of his truck to defend himself. During the fight, defendant stabbed William nine times to the head, back, chest, and under both arms, requiring 85 staples to close the wounds. William told L.S. to run because defendant was trying to kill them. She drove off and parked the car a short distance away. She did not see William again until she picked him up from the hospital. While defendant conceded at trial that William was not armed when defendant stabbed him, defendant said that L.S. told William to get the gun and he was moving to do so. Defendant said he stabbed William to keep him from getting the gun. Police officers did not find a gun, holster, or ammunition in William and L.S.’s car. Defendant never told the officer who interviewed him at the scene that he saw a gun, that the gun