Opinion
F075061
01-04-2018
THE PEOPLE, Plaintiff and Respondent, v. DARRYL PAUL ASH, Defendant and Appellant.
Patricia L. Watkins, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. BF165308A)
OPINION
THE COURT APPEAL from a judgment of the Superior Court of Kern County. Colette M. Humphrey, Judge. Patricia L. Watkins, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
Before Detjen, Acting P.J., Franson, J. and Peña, J.
-ooOoo-
Appellant Darryl Paul Ash pled no contest to making criminal threats (Pen. Code, § 422; count 5) and admitted allegations that he had a prior conviction within the meaning of the "Three Strikes" law (§ 667, subds. (b)-(i)). Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm.
All further statutory references are to the Penal Code, unless otherwise indicated.
FACTUAL AND PROCEDURAL BACKGROUND
Ash rented a room in his house in Bakersfield, California, to Richard Romo and Carrie Wilson. On August 14, 2016, at approximately 5:00 a.m., a dispute over rent money prompted Ash, who was armed with a knife, to stand in the front yard of the residence and yell at Romo to come out. Romo and Wilson, however, locked themselves inside a bedroom. A short time later, Ash began banging on the bedroom door and challenging Romo to fight. After Ash thrust the knife blade through the door, Romo, who was unarmed, came out of the bedroom to confront him. As Romo walked towards the front door, Ash stabbed him in the right side of his chest. Ash fled the scene but he was arrested on August 22, 2016, while in possession of two grams of methamphetamine. Romo suffered a puncture wound to his chest, some fractured ribs and a collapsed right lung.
Although at the preliminary hearing the prosecutor did not present any evidence regarding the criminal threats charge, according to the author of a letter that was received by probation in support of Ash, the author heard that the day before Ash stabbed Romo, both men and a third man were threatening each other. Thus, it appears the charge of making criminal threats likely was based on a threat Ash made to Romo during that time. --------
On September 14, 2016, the Kern County District Attorney filed an information that charged Ash with assault with a deadly weapon (§ 245, subd. (a)(1); count 1), battery with serious bodily injury (§ 243, subd. (d); count 2), assault by means of force likely to cause great bodily injury (§ 245, subd. (a)(4); count 3), and possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a); count 4), a misdemeanor. Counts 1, 2, and 3 alleged a serious bodily injury enhancement (§12022.7) and a serious felony enhancement (§ 667, subd. (a)). Counts 2 and 3 also alleged a personal use of a weapon enhancement (§ 12022, subd. (b)(1)). The information also alleged four prior prison term enhancements (§ 667.5) and that Ash had a prior conviction within the meaning of the Three Strikes law (§ 667, subds. (b)-(i)).
On November 8, 2016, the prosecutor amended the information to add count 5, which charged Ash with making criminal threats (§ 422) and alleged that he had a prior strike conviction (§ 667, subd. (e)). Ash then pled no contest to that offense and admitted the Three Strikes allegation in exchange for the dismissal of the remaining counts and allegations and a stipulated prison term of 32 months.
On December 6, 2016, the court sentenced Ash to the stipulated prison term of 32 months. On January 23, 2017, Ash filed a timely appeal. On January 24, 2017, the court granted Ash's request for a certificate of probable cause.
Ash's appellate counsel has filed a brief that summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende, supra, 25 Cal.3d 436.) Ash has not responded to this court's invitation to submit additional briefing.
Following an independent review of the record, we find that no reasonably arguable factual or legal issues exist.
DISPOSITION
The judgment is affirmed.