People v. Hesselberg CA3

Filed 6/21/24 P. v. Hesselberg CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,

Plaintiff and Respondent, C098594

v. (Super. Ct. No. 21F2824)

SILAS MATTHEW HESSELBERG,

Defendant and Appellant.

Appointed counsel for defendant Silas Matthew Hesselberg asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Finding no arguable error that would

1

result in a disposition more favorable to defendant, we will affirm the judgment. Based on our review of the record, we will also direct the trial court to correct the abstract of judgment. I One April morning, two families went fishing together at Shasta Lake. As they were preparing to leave, defendant, whom they did not know, approached them, called M.K. the N-word, and shot him. M.K. fell down a steep ravine. T.B. tried to hit defendant with a rock, heard another shot, and found himself on his back, bleeding. Defendant shot T.B. more than once. The emergency room doctor testified T.B. had a life-threatening gunshot wound to his brain. Defendant told another witness, T.K., that defendant had gone to the lake for water and the victims attacked him. T.K. called law enforcement and waited with defendant until they arrived. When deputy sheriffs arrived at defendant’s campsite, they searched suitcases in defendant’s tent and found an upper and lower receiver for a short-barreled AR-15 style rifle, along with other firearm components, magazines, a disassembled rifle, two silencers, a threaded pistol barrel, and ammunition. A flag with a swastika was also found in defendant’s tent. Officers found a nine-millimeter semiautomatic pistol at the scene, a live round of ammunition, and a magazine with three live rounds in it. Defendant spoke to the deputies after he was arrested. He said when he went to get some water, he saw a “black dude” and a “white dude” with women and children. Defendant said he started the conversation by calling the “black dude a [n-word].” Defendant did not know him. According to defendant, the man responded by throwing a rock at him. Defendant shot in his direction He saw the man fall down a ravine.