Opinion
C082766
05-22-2017
THE PEOPLE, Plaintiff and Respondent, v. CHRISTOPHER WARREN SWIHART, Defendant and Appellant.
NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. CM042755)
Appointed counsel for defendant Christopher Warren Swihart asks this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable error that would result in a disposition more favorable to defendant, we affirm the judgment.
We provide the following brief description of the facts and procedural history. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)
On the morning of March 15, 2015, defendant saw the homicide victim, Cass Edison, walking down the street; he offered her a ride. She told defendant that if he bought her a bottle of vodka, she would have sex with him. Defendant bought the vodka and took Edison to his trailer where they engaged in sexual intercourse and drank the entire bottle of vodka.
Edison then offered to have anal sex with defendant if he bought a second bottle of vodka. Defendant procured a second bottle, then he had anal sex with Edison, which caused her to "defecate all over the trailer." This "caused the defendant to 'snap.' " Defendant grabbed Edison and dragged her through the trailer, banging her head "against everything in the trailer that he could."
Angry that Edison would not " 'shut the fuck up' " defendant "hog-tied" her. She continued to cry out so defendant wrapped masking tape around her head and mouth, and a rope around her neck. She fell and hit her head; she soon stopped breathing. Defendant then took her body to his dump trailer and threw her inside. He intended to fill the trailer with brush the following day and dump her body, under the brush, at a nearby dump.
The following day, however, Edison's body was found in the dumpster, wrapped in two sheets and a blanket. She was naked, her hands bound together with a sock. There also was a nylon cord tied around her legs and neck, and her face and head were still wrapped in masking tape. Her body was covered in bruises.
Pathologist Thomas Resk, M.D., examined Edison's body and noted " 'innumerable discrete and confluent contusions, abrasions, and lacerations, almost all showing a similar recent age, . . . present over all body regions. [Edison's] face showed swollen facial features: both cheeks, both blackened eyes, and both lips.' " Dr. Resk concluded Edison's death was the result of "blunt force traumatic injuries due to homicidal violence."
Defendant was arrested and the People charged him with murder. (Pen. Code, § 187, subd. (a)). The People further alleged defendant served two prior terms in prison. (§ 667.5, subd. (b).)
Undesignated statutory references are to the Penal Code. --------
Defendant initially pleaded not guilty to the charge and denied the allegations. Defendant subsequently changed his plea to not guilty by reason of insanity. Accordingly the trial court appointed two psychiatrists to evaluate defendant pursuant to section 1026, to determine whether defendant was legally sane at the time he committed the charged crime. Both doctors concluded defendant was legally sane when he committed the offense.
On January 7, 2016, defendant moved for appointment of new counsel pursuant to People v. Marsden (1970) 2 Cal.3d 118. The court denied his motion.
On January 26, 2016, defendant waived his right to a preliminary hearing.
On April 7, 2016, the court granted the People's motion to amend the information to include a charge of second degree murder. Defendant then changed his plea and pleaded no contest to second degree murder. Defendant also admitted serving two prior prison terms and waived his presentence custody credits up to that date.
On May 12, 2016, consistent with the terms of his plea agreement, the trial court sentenced defendant to a term of 17 years to life in state prison. The court advised defendant that if he were granted parole, he would be on parole for the remainder of his life. The court ordered defendant to pay various fines and fees, ordered him to pay $1,788.93 to the Victim Compensation and Government Claims Board, and reserved jurisdiction to determine the amount of restitution to be paid to the estate of his victim.
Defendant appeals; his request for a certificate of probable cause was denied.
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief setting forth the facts of the case and requesting that we review the record to determine whether there are any arguable issues on appeal. (People v. Wende, supra, 25 Cal.3d 436.) Defendant was advised of his right to file a supplemental brief within 30 days of the filing of the opening brief. More than 30 days have elapsed, and we have received no communication from defendant.
Having examined the record, we find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.
BUTZ, Acting P. J. We concur: MURRAY, J. HOCH, J.