Filed 2/22/18 P. v. Owens CA5








NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
FIFTH APPELLATE DISTRICT


THE PEOPLE,

Plaintiff and Respondent,

v.

MICHAEL PAUL OWENS,

Defendant and Appellant.


F075329

(Super. Ct. No. PCF309680)


OPINION

THE COURT*
APPEAL from a judgment of the Superior Court of Tulare County. Michael B. Sheltzer, Judge.
Jill M. Klein, under appointment by the Court of Appeal, for Defendant and Appellant.
Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
-ooOoo-
Appellant Michael Paul Owens appeals from his conviction following a plea of no contest.
Appointed counsel for appellant asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) We sent a letter to appellant advising him of his 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 appellant. Finding no arguable error that would result in a disposition more favorable to appellant, we affirm the judgment.
We provide the following brief description of the factual and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)
STATEMENT OF THE CASE AND FACTS
On November 22, 2014, at the Eagle’s Nest campground in Porterville, appellant was in an argument with his girlfriend when the victim approached appellant and asked appellant to keep his voice down as there were children in the area. A verbal altercation between appellant and the victim ensued, culminating in appellant swinging a bottle at the victim and slicing his throat. The victim suffered serious injuries to his trachea and thyroid.
On January 22, 2016, appellant was charged by information with one count of attempted murder (Pen. Code, § 664/187, subd. (a); count 1), one count of assault with a deadly weapon (a glass bottle) (§§ 245, subd. (a)(1), 1192.7, subd. (c); count 2), and one count of misdemeanor vandalism (§ 594, subd. (a); count 3). As to count 1, it was alleged the attempted murder was willful, deliberate, and premeditated within the meaning of section 664, subdivision (a). As to counts 1 and 2, it was alleged appellant personally inflicted great bodily injury upon the victim within the meaning of section 12022.7, subdivision (a), and section 1192.7, subdivision (c)(8), and personally used a deadly weapon, to wit, glass, within the meaning of section 12022, subdivision (b)(1), and section 1192.7, subdivision (c). It was further alleged appellant suffered a prior “strike” offense (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and a prior serious felony conviction (§ 667, subd. (a)(1)) as a result of a 2005 conviction for violating section 273.5, subdivision (a), and section 12022.7, subdivisions (b) and (e).
On January 6, 2017, pursuant to a plea agreement, appellant entered a plea of no contest to count 2, assault with a deadly weapon, and the section 12022.7, subdivision (a) and section 12022, subdivision (b)(1) enhancements. Appellant further admitted he suffered the prior serious felony conviction and the prior strike offense. The court dismissed the remaining counts and allegations.
On January 20, 2017, the trial court sentenced appellant to the indicated middle term of three years on count 2, doubled, plus a consecutive three-year term on the section 12022.7, subdivision (a) allegation, plus an additional five years pursuant to section 667, subdivision (a)(1), for an aggregate sentence of 14 years in state prison. The court imposed a $3,000 restitution fine (§ 1202.4), imposed and stayed a second $3,000 restitution fine (§ 1202.45), imposed a $40 court operations assessment fee, and imposed a $30 criminal conviction assessment fee. The court awarded appellant 909 days of presentence custody credit.
Appellant timely filed a notice of appeal on March 17, 2017, with a request for a certificate of probable cause. The court granted appellant’s request for a certificate of probable cause on that same date.
Our review of the entire record has revealed no arguable issues on appeal.
DISPOSITION
The judgment is affirmed.