Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
APPEAL from the Superior Court of San Bernardino County. Super. Ct. No. FVA701506 Jon D. Ferguson, Judge.
Barbara A. Smith, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
RAMIREZ, P.J.
On April 25, 2008, defendant was charged in an information filed by the Distrcit Attorney of San Bernardino County with attempted murder (count 1, Pen. Code, §§ 187, subd. (a) and 664 ), in which defendant used a deadly weapon (§ 12022, subd. (b)(1), inflicting great bodily injury (§ 12022.7, subd. (a). On May 22, 2008, pursuant to section 1192.7, defendant, represented by counsel, pled guilty to attempted murder, with the knife use, and without the great bodily injury allegation, for an agreed-upon disposition of eight (8) years in state prison, less custody credits.
All further statutory references are to the Penal Code unless otherwise indicated.
A notice of appeal was timely filed.
Statement of facts
On September 2, 2007, at 6:42 p.m., Rialto police were called to a residence, where someone had reported a stabbing. The police arrived at the Herrera home, and found defendant standing in the driveway, smelling strongly of alcohol. His wife had been stabbed once in her chest, and was sitting in a chair. Defendant was arrested and the victim was transported to the hospital; she was unable to give a statement at that time. The police located the knife used in the offense under a bush next to the garage.
At the hospital the victim told police that she had overheard her husband talking to another woman on a cell phone. She went outside and confronted defendant, at which time he began calling her “a fucking whore.” They argued, and she told defendant she was going to get a divorce, and began to walk back to the house. Defendant grabbed her by the arm and spun her around, then stabbed her once in the chest, while saying, “I’m going to fucking kill you.” At the preliminary examination hearing, the victim did not recall most of the statements attributed her by police.
The victim required four stitches for her wound, and spent five days in the hospital. She had incurred about $350 of medical expenses by the time of sentencing, with other expenses pending.
Defendant stated he had been drinking heavily before the indicent, and did not recall much of what occurred.
Defendant appealed, and upon his request this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493] setting forth a statement of the case, a summary of the facts, and potential arguable issues and requesting this court to undertake a review of the entire record.
We offered the defendant an opportunity to file a personal supplemental brief, which he has not done.
We have now concluded our independent review of the record and find no arguable issues.
Disposition
The judgment is affirmed.
We concur: McKINSTER, J., MILLER, J.