Opinion
C085000
05-30-2018
THE PEOPLE, Plaintiff and Respondent, v. THOMAS RICHARD CARR, 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NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. 16CF05978)
Appointed counsel for defendant Thomas Richard Carr filed an opening brief that sets forth the facts of the case and 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 (Wende).) After reviewing the entire record, we have found no arguable error that would result in a disposition more favorable to defendant. We therefore affirm.
I. BACKGROUND
We provide the following brief description of the factual and procedural background of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)
On December 10, 2016, defendant and his son, Kelly, were watching football at defendant's house with Brian and Brian's girlfriend, Valari. Brian and Valari lived together nearby. The group consumed alcohol throughout the game.
At some point, defendant, Brian, and Valari drove to the store to purchase more alcohol. After buying beer and whiskey, they returned to defendant's house. Valari was apparently upset that they did not help a stranded motorist and argued with defendant and Brian; Valari eventually left to go home.
Valari and Brian denied arguing; they each claimed she had left defendant's house to prepare dinner.
When Brian was ready to go home, he wanted to take half of the remaining whiskey home with him, but defendant and Kelly objected because Brian had not paid for the alcohol. Brian and Kelly argued over the whiskey; the argument escalated, and Kelly grabbed a knife from the kitchen. Defendant stepped between the feuding men, and took the knife from Kelly while he tried to get Brian to leave his house. Brian punched defendant in the side of the head, and defendant stabbed him once with the knife in the abdomen.
According to Brian, he did contribute money towards the whiskey.
Brian made his way back to his own residence, where Valari found him bleeding on the porch. He was gravely injured, and said defendant had stabbed him. Brian was transported to a nearby hospital where he underwent emergency surgery for life-threatening wounds to his stomach and liver, and had blood drained from his left chest cavity.
When the police arrived, defendant admitted stabbing Brian. In a subsequent police interview, defendant again admitted stabbing Brian after taking the knife from Kelly during the fight. He was arrested and charged with assault with a deadly weapon. (Pen. Code, § 245, subd. (a)(1).) The information further alleged that defendant inflicted great bodily injury during the offense. (§ 12022.7, subd. (a).)
Further undesignated statutory references are to the Penal Code. --------
At trial, defendant argued that he stabbed Brian in self-defense. The jury found defendant guilty of assault with a deadly weapon and found the great bodily injury enhancement true. The court sentenced defendant to the upper term of four years for the assault conviction plus three years for the enhancement, for a total aggregate term of seven years in state prison. Defendant was awarded 180 days of actual credit plus 27 days of conduct credit for a total of 207 days of presentence credit. The court imposed a $2,100 restitution fine (§ 1202.4, subd. (b)), an identical $2,100 parole revocation restitution fine, stayed unless parole was revoked (§ 1202.45), a $40 court operations assessment (§ 1465.8), a $30 court facilities assessment (Gov. Code, § 70373), and $30,184.58 in victim restitution. Defendant timely appealed.
II. DISCUSSION
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts and procedural history of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days from the date the opening brief was filed. More than 30 days have elapsed, and defendant has not filed a supplemental brief.
Having undertaken an examination of the entire record pursuant to Wende, we find no arguable error that would result in a disposition more favorable to defendant.
III. DISPOSITION
The judgment is affirmed.
/S/_________
RENNER, J. We concur: /S/_________
BLEASE, Acting P. J. /S/_________
MURRAY, J.