Opinion
NOT TO BE PUBLISHED
APPEAL from the Superior Court of Riverside County Super. Ct. No. RIF125340. Roger A. Leubs, Judge.
Marylou Hillberg, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
RICHLI, J.
Following a physical altercation with his brother Victor, defendant stabbed Victor in the chest with a steak knife. Prior to the attack, Victor, who very angry at defendant, threatened to beat defendant for leaving him for two days with the work on their parent’s home. Defendant, who was frightened of his brother, stated that he would kill Victor if Victor attacked him. When his brother confronted him, defendant attempted to shield himself from his brother’s rage by locking himself in the house and arming himself with a crow bar and a knife. However, defendant eventually let Victor into the house, where the two began arguing and fighting, resulting in Victor’s death. Victor’s blood alcohol level was measured at .22 percent; defendant had no alcohol in his bloodstream, but he tested positive for methamphetamine.
Defendant was charged with first degree murder (Pen. Code, § 187, subd. (a)) with the personal use of a knife (Pen. Code, §§ 12022, subd. (b)(1) & 1192.7). Following a jury trial, defendant was found guilty of second degree murder with the personal use of a knife.
Defendant subsequently filed motions for a new trial, to set aside the jury’s verdict, and/or to reduce the offense. The trial court granted defendant’s motion to reduce the offense from second degree murder to voluntary manslaughter.
Defendant was sentenced to the low term of three years for the substantive offense, plus an additional consecutive one year for the personal use enhancement, for a total of four years in state prison. Defendant was awarded a total of 703 days of presentence custody credits.
Defendant appealed, and upon his request this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 setting forth a statement of the case, a summary of the facts, and potential arguable issues and requesting this court to undertake a review of the entire record.
We offered defendant an opportunity to file a personal supplemental brief, which he has not done.
We have now concluded our independent review of the record and find no arguable issues.
The judgment is affirmed.
We concur: McKINSTER, Acting P.J., KING, J.