Opinion
H044524
09-14-2017
THE PEOPLE, Plaintiff and Respondent, v. BRUCE LEONARD COLLINS, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Monterey County Super. Ct. No. SS161331A)
Defendant Bruce Leonard Collins pleaded no contest to assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)), and he admitted that he personally inflicted great bodily injury (§ 12022.7, subd. (a)) and that he had a prior serious felony conviction that also qualified as a strike (§§ 667, subd. (a)(1), 1170.12, subd. (c)(1)). The trial court sentenced defendant to 14 years in prison.
All further statutory references are to the Penal Code unless otherwise indicated.
On appeal, defendant's appointed counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) that states the case and facts, but raises no issue. We notified defendant of his right to submit written argument on his own behalf within 30 days. That period has elapsed and we have received no response from defendant.
Pursuant to Wende, supra, 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106 (Kelly), we have reviewed the entire record. Following the California Supreme Court's direction in Kelly, supra, at page 110, we provide a brief description of the facts and the procedural history of the case.
BACKGROUND
A. Charges and Plea
The victim and his girlfriend lived in the same apartment complex as defendant and his wife. The victim and defendant's wife shared a child together. On the night of August 11, 2016, defendant stabbed the victim in the back 12 times. The victim also suffered a dislocated shoulder, two fractured ribs, and a finger injury.
The victim's girlfriend saw only the latter part of the incident when defendant, defendant's wife, and the victim were standing on an exterior staircase at the apartment complex. Defendant's wife was standing in between the two men. The victim's foot was caught in the stairs, and he was holding onto the handrail trying to keep himself up. Defendant's wife appeared to be holding down the victim's hands, or holding him in place, while defendant was reaching around his wife and stabbing the victim in the back with a knife. The victim's girlfriend helped the victim get his foot out, and they returned to their residence and called the police. There was blood on the back of the victim's shirt and a lot of blood on the stairs where the incident took place.
The victim was treated at the hospital. He received 34 staples for the stab wounds to his back, and he had six stiches on his finger. The victim suffered pain daily after the incident and was not able to work for some period.
The facts underlying defendant's offense are taken from the preliminary examination.
On December 12, 2016, defendant was charged by first amended information with attempted premeditated murder (§§ 664, subd. (a), 187, subd. (a), 189; count 1) and assault with a deadly weapon (§ 245, subd. (a)(1); count 2). The information further alleged that defendant personally used a deadly and dangerous weapon, a knife, during the commission of count 1 (§ 12022, subd. (b)(1)), that he personally inflicted great bodily injury upon a person not an accomplice during the commission of the offenses (§ 12022.7, subd. (a)), and that he had a prior serious felony conviction that also qualified as a strike (§§ 667, subd. (a)(1), 1170.12, subd. (c)(1)).
On December 13, 2016, defendant pleaded no contest to assault with a deadly weapon (§ 245, subd. (a)(1)). He also admitted the allegations that he personally inflicted great bodily injury (§ 12022.7, subd. (a)), and that he had a prior serious felony conviction that qualified as a strike (§§ 667, subd. (a)(1), 1170.12, subd. (c)(1)). Defendant entered his plea and admissions with the understanding that he would receive 14 years in prison. The written waiver and plea agreement initialed and signed by defendant provides, "I hereby waive and give up all rights regarding state and federal writs and appeals. This includes, but is not limited to, the right to appeal my conviction, the judgment, and any other orders previously issued by this court. I agree not to file any collateral attacks on my conviction or sentence at any time in the future. I further agree not to ask the Court to withdraw my plea for any reason after it is entered." Defendant orally acknowledged that the appeal waiver was part of his agreement. The remaining count and allegations were submitted for dismissal at the time of sentencing.
B. Sentencing and Appeal
Defendant subsequently requested that his attorney be discharged, and on March 10, 2017, the trial court held a Marsden hearing. After hearing from defendant and his attorney, the court denied the motion. The court sentenced defendant to 14 years in prison. The sentence consists of six years (double the middle term) on count 2 (assault with a deadly weapon, § 245, subd. (a)(1)), five years for the prior serious felony enhancement (§ 667, subd. (a)(1)), and three years for the great bodily injury enhancement (§ 12022.7, subd. (a)). The court granted custody credits and ordered defendant to pay restitution and various fines and assessments. The remaining count and allegations were dismissed or stricken.
People v. Marsden (1970) 2 Cal.3d 118. --------
Defendant filed a timely notice of appeal and we appointed counsel to represent him in this court.
DISCUSSION
Having carefully reviewed the entire record, we conclude that there are no arguable issues on appeal. (Wende, supra, 25 Cal.3d at pp. 441-443.)
DISPOSITION
The judgment is affirmed.
/s/_________
BAMATTRE-MANOUKIAN, J. WE CONCUR: /s/_________
ELIA, ACTING P.J. /s/_________
MIHARA, J.