Filed 5/5/17 P. v. Hackett CA3
NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.



IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Colusa)
----


THE PEOPLE,

Plaintiff and Respondent,

v.

ROBERT EUGENE HACKETT, JR.,

Defendant and Appellant.
C082201

(Super. Ct. No. CR57224)




Appointed counsel for defendant Robert Eugene Hackett, Jr., has 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. (People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable error that would result in a disposition more favorable to defendant, 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 25, 2015, defendant and his girlfriend, Ashley F., had an argument. Ashley F. called 911 and reported that defendant was drunk, had destroyed the house, and left on foot but may come back. A neighbor heard screaming from defendant’s house. Later, when she went outside, Ashley F. was holding a baby and asked to use her phone.
Another witness saw the argument go from verbal to physical, with defendant being the aggressor. The witness indicated that during the argument, Ashley F. was holding a small child. At one point, Ashley F. tried to walk away but defendant grabbed her by the ponytail and pulled her back, almost causing Ashley F. to fall to the ground. The witness reported that defendant and Ashley F. separated for a while and then he saw defendant come out of a vehicle with a 12-inch kitchen knife. At that point, the witness called 911. The witness then saw defendant chasing Ashley F. with the knife held above his head.
Williams Police Department Officer Jacob Stadelman responded to the call from dispatch concerning a male chasing a female with a knife. When the officer arrived at the location, he noted that Ashley F. was carrying a small baby and appeared upset. The officer indicated that, based on his training and experience, Ashley F. did not appear to be under the influence. Upon entering the house, the officer saw a 12-inch kitchen knife with a bent tip lying on the floor. Ashley F. told the officer that when she came home from work defendant was drunk. He wanted her to smoke methamphetamine with him and she did not want to. She was holding their baby and sitting on the couch as they argued. Defendant refused to leave the house. Defendant yelled at her, ripped her shoe off, and punched a hole in the wall by the front door. After defendant punched the hole in the wall, he picked up a kitchen knife about 12 inches long with a black handle and stabbed it into the wall. Ashley F. picked up her phone and called 911. Defendant threatened to kill her while he had the knife in his hand. Defendant then grabbed the phone, bit it, and threw it to the ground — cracking or shattering the screen. Defendant then ran to his truck. Ashley F. took the opportunity to leave the house with the baby, thinking she might escape, but defendant came at her and began chasing her with a knife. The officer took pictures of the hole in the wall, the bent knife, and the broken phone. Officer Stadelman then spoke to defendant, who smelled of alcohol and acted drunk at the time. Defendant said that he wanted Ashley F. to get high with him when she came home from work. She refused and an argument ensued. He got angry, called her a bitch and refused to leave the house as she asked. He did not remember if he tore off her shoe but he did state that Ashley F. was on the couch, holding the baby at the time. Defendant said he took the phone from her, bit it, shattering the screen, and then threw it to the ground. He was not sure if he stabbed a knife into the wall but stated he did punch a hole through the wall. The officer observed defendant’s hands to be red. Defendant said he then left the house, as did Ashley F.
Officer Stadelman also interviewed a neighbor, who reported he had seen defendant running behind Ashley F.
Ashley F. later recanted and, while she admitted she and defendant had argued, claimed it was a small argument and they had engaged in it outside while the baby was inside. She said they then left the house and she walked him down the street (since he was going to his parents’ house) before returning home. She claimed she never tried to call 911, defendant did not threaten her, and she was not scared of him that day.
Defendant was charged with making criminal threats and dissuading a witness. The information was later amended, over defendant’s objection, to add a third count for child endangerment. The first amended complaint, filed March 17, 2016, charged defendant with making criminal threats in violation of Penal Code section 422, subdivision (a), and child endangerment in violation of section 273a, subdivision (a). It also alleged defendant had a prior conviction for inflicting corporal injury on a spouse/cohabitant in violation of section 273.5, subdivision (a), and had not remained free from custody for a period of five years thereafter (§ 667.5, subd. (b)).
On March 17, 2016, in chambers, defendant admitted to the alleged prior conviction. A jury trial commenced and on March 18, 2016, the second day of trial, defendant was found not guilty of making criminal threat, but guilty of child endangerment.
On May 4, 2016, the trial court sentenced defendant to the midterm of four years, and a consecutive one year for the prior conviction, for an aggregate term of five years in state prison. Defendant was ordered to pay various fines and fees, and was awarded two days of custody credit.
Defendant appeals.
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.



/s/
Blease, J.


We concur:



/s/
Raye, P. J.



/s/
Renner, J.