Opinion
NOT TO BE PUBLISHED
Super. Ct. No. 07F06649
HULL, Acting P. J.This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436. Counsel filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (Ibid.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant. Having reviewed the record as we are required to do, we affirm the judgment.
We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)
On July 8, 2007, defendant Paso Deshawn Harrison stabbed his child’s mother to death in the parking lot of Methodist Hospital. He then drove to a drive-in restaurant where Officer James Magee was in his squad car ordering lunch. Defendant walked toward the officer carrying a bloody kitchen knife in his hand. Officer Magee held defendant at gunpoint and told him to drop the knife. Defendant did not drop the knife and began backing up slowly toward his car. Defendant told the officer there was a child in the back seat of his vehicle. Officer Magee had said he would get defendant help but defendant said, “You can’t help me because I just killed my wife.” Defendant finally dropped the knife and surrendered himself into custody.
Defendant was charged with murder (Pen. Code, § 187; undesignated statutory references that follow are to the Penal Code) and personal use of a deadly weapon (§ 12022, subd. (b)). It was also alleged that defendant has been convicted of a serious felony, rape, in August 1999 (§ 667, subds. (a), (b)-(i)). Defendant entered pleas of not guilty and not guilty by reason of insanity. He waived a jury trial and was tried by the court.
The trial court found the medical evidence of mental impairment insufficient to negate intent to kill, premeditation or deliberation, or malice aforethought. The court considered defendant’s history of “multiple manipulative suicide attempts” to gain the victim’s attention as supporting a reasonable alternate conclusion that he brought the knife to use on himself, rather than as an act of premeditation and deliberation to kill the victim. Accordingly, the trial court found defendant guilty of murder in the second degree, and found he had personally used a deadly weapon in the commission of the offense. The court also found the allegation of defendant’s prior conviction for rape to be true.
The trial court sentenced defendant to 15 years to life for the murder, doubled to 30 years to life for the prior strike. The court imposed an additional year for the use of a deadly weapon (§ 12022, subd. (b)(1)) and an additional five years for the prior serious felony conviction (§ 667, subd. (a)), for an aggregate term of six years, plus 30 years to life.
Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.
Disposition
The judgment is affirmed.
We concur: ROBIE, J., BUTZ, J.