P. v. Selu
Filed 8/21/06 P. v. Selu CA1/5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION FIVE
| THE PEOPLE, Plaintiff and Respondent, v. WAYNE SELU, Defendant and Appellant. |
A110371
(San Mateo County Super. Ct. No. SC056638A)
|
Wayne Selu appeals the sentence following his conviction by jury verdict of attempted voluntary manslaughter (Pen. Code, §§ 192, subd. (a), 664),[1] mayhem (§ 203), inflicting corporal injury on a former cohabitant (§ 273.5, subd. (a)), assault with a deadly weapon, a knife (§ 245, subd. (a)(1)), and misdemeanor child abuse (§ 273a, subd. (b)). As to the first three felony convictions the jury found true the allegation that defendant personally used a deadly weapon in the commission thereof (§ 12022, subd. (b)). It also found true the allegation that all four felony convictions involved the infliction of great bodily injury in circumstances involving domestic violence (§ 12022.7, subd. (e)).
Defendant asserts Blakely error (Blakely v. Washington (2004) 542 U.S. 296). Alternatively, he contends he was denied a fair judicial determination as to aggravating and mitigating factors.
BACKGROUND
Defendant and the victim, Jane Doe, dated for 12-18 months and lived together for three or four months during that period. Approximately one month after defendant, at the victim's request, moved out of their shared home, she informed him during a telephone conversation that she wanted to end their relationship but remain friends. She agreed to meet defendant at his apartment to discuss their relationship.
Defendant was in his apartment parking lot when the victim and her four-year-old daughter arrived. As the victim got out of her pickup truck, he grabbed her by the collar of her sweatshirt so she had trouble breathing and dragged her to a utility box, where he sat her down. She attempted to return to her truck, but he put her back on the utility box. She saw that he was holding a kitchen knife, and he threatened to cut her throat. She yelled for help and told defendant she hated him, after which she felt numerous â€
