People v. Salazar CA6

Filed 3/5/24 P. v. Salazar CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H050714 (San Benito County Plaintiff and Respondent, Super. Ct. No. CR2100954)

v.

JOSE LUIS SALAZAR, JR.,

Defendant and Appellant.

A jury convicted defendant Jose Luis Salazar, Jr. of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)1). The trial court sentenced Salazar to the middle term of three years in prison, with credit for having already served that time. We appointed counsel to represent Salazar on appeal. Counsel filed a brief asking this court to review the record to determine whether there are any arguable issues on appeal. (See People v. Wende (1979) 25 Cal.3d 436 (Wende).) Salazar was advised of his right to file a supplemental brief, and he filed a letter brief that we have considered. Finding no arguable error in the appellate record that would result in a disposition more favorable to Salazar, we affirm the judgment.

1 Unspecified statutory references are to the Penal Code.

I. FACTS AND PROCEDURAL BACKGROUND A. Procedural History In December 2021, the San Benito County District Attorney filed an information charging Salazar with attempted murder (§§ 664, 187 [count 1]) and assault with a deadly weapon (§ 245, subd. (a)(1) [count 2]). In January 2022, Salazar’s defense counsel asked the trial court to appoint a psychotherapist to examine Salazar and provide counsel information about a possible insanity plea or defense based on Salazar’s emotional condition. The court granted the request (Evid. Code, § 1017). In March 2022, defense counsel declared a doubt about Salazar’s competence to stand trial. The trial court suspended the proceedings and appointed a psychotherapist to evaluate Salazar’s competence (§ 1368). In June 2022, after receiving the psychotherapist’s report, the court found Salazar competent to stand trial. On December 1, 2022, the jury found Salazar guilty on count 2 but failed to reach a verdict on count 1. Salazar defense counsel moved to dismiss count 1 under section 1385. The prosecutor did not object. The trial court granted the motion and dismissed count 1 in the interest of justice. On January 9, 2023, the trial court sentenced Salazar to the middle term of three years in prison. Salazar’s defense counsel did not object to that term. Further, counsel entered a stipulation with the prosecutor on the issue of presentence custody credits, providing Salazar with 1,095 days (or three years) of credit. The court accepted the stipulation and deemed the imposed sentence served. The court suspended all fines and fees, finding that Salazar did not have the ability to pay them. Salazar appealed.