Filed 5/16/22 P. v. Coslovich CA1/4
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION FOUR
| THE PEOPLE, Plaintiff and Respondent, v. GARY EMIL COSLOVICH, Defendant and Appellant. |
A163024
(Solano County Super. Ct. No. VCR229694)
|
Gary Emil Coslovich appeals from a judgment and sentence following his no-contest plea. His court-appointed counsel has filed a brief seeking our independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 to determine whether there are any arguable issues on appeal. We find no such issues and affirm.
BACKGROUND
The following facts are taken from the preliminary hearing. On June17, 2017, Coslovich was driving recklessly on Interstate 80 at 80 to 90 miles per hour when he rammed two other cars within a mile of each other. Coslovich then drove another three miles until his pickup truck came to stop in the fast lane. California Highway Patrol Officer Kerrie Alleman pulled up behind Coslovich’s truck and ordered him to pull onto the median strip and exit his truck.
Coslovich got out and said something like “I’m not taking this from you.” He then charged at Officer Alleman as she exited her patrol car, saying he was “going to fucking kill” her. Coslovich punched Officer Alleman in the face at least three times, knocking her to the pavement, then kicked or stomped her repeatedly until two civilians intervened and subdued him. Other officers quickly arrived on the scene, took Coslovich into custody, and read him his Miranda[1] rights. Officer Alleman, who was in and out of consciousness, was transported to the hospital.
Coslovich had blood on his face and appeared to be injured, so he was also transported to the hospital to be medically cleared for booking. At the hospital he was again Mirandized and voluntarily provided a statement to the police. He admitted he had intentionally rammed the two cars and said that they “put themselves into danger by getting in his lane.” He also admitted he knew the person he struck was a police officer; he punched her because he “had the compulsion to get rid of some aggression” and wanted her to “ ‘shut the fuck up.’ ”
Coslovich was charged in an amended information with attempted murder of a police officer (count 1); felony assault on a peace officer, with an allegation that he personally inflicted great bodily injury (count 2); and two counts of assault by means of force likely to produce great bodily injury (counts 3 and 4). He was advised of his trial rights and pled no contest to counts 2 (with the attached great bodily injury allegation), 3, and 4. The parties stipulated to a factual basis for the plea based on the preliminary hearing transcript. The prosecution dismissed count 1 subject to a Harvey[2] waiver.
On May 25, 2021, Coslovich was sentenced to the four-year midterm on count 2, with consecutive one-third the midterm sentences of one year each on counts 3 and 4 and an additional three-year consecutive term for the great bodily injury enhancement, for a total sentence of nine years in state prison. The court imposed a restitution fine of $8,100 pursuant to Penal Code section 1202.4, subdivision(b), assessed and suspended a restitution fine in the same amount pursuant to Penal Code section 1202.45, and reserved victim restitution. Coslovich was awarded 1,650 actual and local conduct credits. No objection was raised at the time of sentencing to the imposition of fines, restitution, or credits. He filed a timely notice of appeal with the handwritten notation, “credits and fines.”
DISCUSSION
Coslovich’s counsel has represented that he advised Coslovich of his intention to file a Wende brief in this case and of Coslovich’s right to submit supplemental written argument on his own behalf. Coslovich has not done so. He has also been advised of his right to request that counsel be relieved. This court has reviewed the entire record on appeal. No issue requires further briefing.
DISPOSITION
The judgment is affirmed.
NADLER, J.*
WE CONCUR:
POLLAK, P. J.
BROWN, J.
[1] Miranda v. Arizona (1966) 384 U.S. 436.
[2] People v. Harvey (1979) 25 Cal.3d 754.
* Judge of the Sonoma County Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.
