Opinion
2d Crim. No. B298834
02-06-2020
THE PEOPLE, Plaintiff and Respondent, v. JEFFERY STEPHEN FENNELL, Defendant and Appellant.
Richard B. Lennon, Executive Director, under appointment by the Court of Appeal for Defendant and Appellant. No appearance by 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. 2009014354)
(Ventura County)
Jeffery Stephen Fennell appeals his conviction by plea to assault on a peace officer with a semiautomatic firearm (Pen. Code, §§ 245, subd. (d)(2), 12022.53, subd. (c)), three counts of shooting at an inhabited dwelling (§ 246), and gross negligent discharge of a firearm (§ 246.3). Pursuant to the written plea agreement, appellant was sentenced to 25 years state prison and ordered to pay fines, fees, and restitution.
All further statutory references are to the Penal Code. --------
Counsel was appointed to represent appellant. After counsel's examination of the record, he filed an opening brief raising no issues. On September 9, 2019, we advised appellant that he had 30 days within which to personally submit any contentions or issues that he wished to raise on appeal. We have not received a response.
The probation report states that, on April 10, 2009, appellant was intoxicated and depressed, pointed a .357 magnum revolver at his wife, and said "'How about you call the cops. Let's have some fun.'" Appellant threatened to kill himself and fired 40 to 60 rounds at a SWAT team during a three-hour house standoff. Appellant told the crisis negotiation team that he did not want to talk to the officers and was going to "'sit here and we'll play it out. We'll see what happens.'" After appellant was shot in the right shoulder, he crawled out of the house and was arrested. Officers found a Remington .308 Winchester Model 700 bolt action rifle with a scope, a Mossberg reserve RCA shotgun, a .25 caliber Beretta model 950BS, a Walther P22 with a loaded magazine, a .22 caliber Ruger long rifle handgun, a 9mm Beretta, a .357 revolver, a .336 Marlin .30-.30 caliber rifle, a Mossberg shotgun loaded with a Winchester slug and four Fiocchi 12 gauge rounds in the magazine, a .357 Taurus revolver, and a Sun Devil .223 caliber assault rifle.
In 2019, the trial court denied appellant's request to recall the sentence pursuant to section 1170, subdivision (d).
We have reviewed the entire record and are satisfied that appellant's attorney has fully complied with his responsibilities and that no arguable issue exists. (People v. Wende (1979) 25 Cal.3d 436, 443; People v. Kelly (2006) 40 Cal.4th 106, 126.)
The judgment is affirmed.
NOT TO BE PUBLISHED.
YEGAN, J. We concur:
GILBERT, P. J.
PERREN, J.
Bruce A. Young, Judge
Superior Court County of Ventura
Richard B. Lennon, Executive Director, under appointment by the Court of Appeal for Defendant and Appellant.
No appearance by Respondent.