People v. McCook CA5

Filed 5/24/24 P. v. McCook CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F087034 Plaintiff and Respondent, (Super. Ct. No. F23902273) v.

LAFAYETTE REESE MCCOOK, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Gabriel L. Brickey, Judge. Vicki Hightower, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P. J., Smith, J. and Snauffer, J.

Appellate counsel for defendant Lafayette Reese McCook has filed an opening brief summarizing the pertinent facts and raising no issues but asking this court to review the record independently. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) The opening brief also includes a declaration from appellate counsel stating defendant was advised of his right to file a brief of his own with this court. By letter dated March 18, 2024, we also invited defendant to submit additional briefing. Defendant did not file a response. Pursuant to Wende, supra, 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106, we have reviewed the entire record. Following our Supreme Court’s direction in Kelly, we provide a brief description of the facts and the procedural history of the case. (Kelly, at p. 110.) Finding no arguable error that would result in a disposition more favorable to defendant, we affirm. PROCEDURAL SUMMARY On March 28, 2023, a felony complaint was filed against defendant and a codefendant, charging a number of crimes that occurred on March 25, 2023, against one victim. The complaint specifically alleged assault with a deadly weapon (Pen. Code,1 § 245, subd. (a)(1), a felony; count 1), elder abuse (§ 368, subd. (b)(1), a felony; count 2), assault by means likely to produce great bodily injury (§ 245, subd. (a)(4), a felony; count 3), and battery with serious bodily injury (§ 243, subd. (d), a felony; count 4).2 For counts 1 through 3, the complaint also alleged a great bodily injury enhancement (§ 12022.7, subd. (a)). Three factors in aggravation (Cal. Rules of Court, rules 4.421(a)(1), (a)(3), & (b)(1)) were also alleged against defendant in counts 1 through 4.