Filed 11/19/18 P. v. Singh CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THE COURT*

APPEAL from a judgment of the Superior Court of Fresno County. Gary D. Hoff, Judge.

Jyoti Malik, under appointment by the Court of Appeal, for Defendant and Appellant.

Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.

-ooOoo-

Appointed counsel for defendant Dalvir Singh 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 (Wende).) Defendant was advised 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 defendant. Finding no arguable error that would result in a disposition more favorable to defendant, we affirm.

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.) The charges in this case arose from two incidents.

Starting around March 2016, R.M. was living in a room in defendant’s back yard. Sometimes he and defendant would go to work together and sometimes they would drink together after work. On April 6, 2016, R.M. came home from work, parked the company van in the front yard, and went to his room. It was defendant’s day off. Defendant followed R.M. into his room, carrying a baseball bat. Defendant asked him about work and asked him if he knew who stole his things. Defendant smelled of alcohol and seemed intoxicated; he was behaving strangely. Suddenly, defendant hit R.M. with the bat on his hip. R.M. felt a lot of pain. He limped away, but defendant chased him and continued hitting him with the bat. Defendant kept yelling, “ ‘Do you know who I am?’ ” At one point, R.M. ducked to avoid a hit and defendant struck the van window. As he continued breaking the windows, R.M. was able to run away to a friend’s house. R.M. could not believe what defendant had done. He never went back to that house.

On July 23, 2016, defendant and four other men were drinking beer outside a residence. After defendant went inside, the men outside heard three gunshots inside the house. One man entered and defendant pointed a gun at him. They came outside. Defendant then threw the gun down and grabbed a three-foot-long knife from a nearby table. He waved it around in a threatening manner, yelling, “I’ll chop you up.” The men tried to calm him down. No one else had a weapon. Defendant said he was shooting the cameras and he could shoot anywhere he pleased.

On June 7, 2017, the Fresno County District Attorney charged defendant with assault with a deadly weapon (a baseball bat) on April 6, 2016 (Pen. Code, § 245, subd. (a)(1);[1] count 1) in the first incident, and criminal threat (§ 422; count 2), and drawing or exhibiting a firearm (§ 417, subd. (a)(2), a misdemeanor; count 3) in the second incident. As to count 2, the information further alleged a weapon use allegation (§ 12022, subd. (b)(1)) and an on-bail allegation (§ 12022.1).

On June 14, 2017, a jury found defendant guilty of count 1, and not guilty of counts 2 and 3.

On July 18, 2017, the trial court sentenced defendant to the low term of two years in prison on count 1. The court also awarded credits and imposed various fines and fees.

The same day, defendant filed a notice of appeal.

Having undertaken an examination of the entire record, we find no evidence of ineffective assistance of counsel or any other arguable error that would result in a disposition more favorable to defendant.

DISPOSITION

The judgment is affirmed.