Filed 6/1/22 P. v. Fakinos CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
FOURTH APPELLATE DISTRICT
DIVISION THREE
| THE PEOPLE,
Plaintiff and Respondent,
v.
GREGORY FAKINOS,
Defendant and Appellant.
|
G060909
(Super. Ct. No. 21CF1085)
O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County, Lance Jensen, Judge. Affirmed.
Mark D. Johnson, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
* * *
INTRODUCTION
A jury found Gregory Fakinos guilty of one count of attempted murder and found it to be true that Fakinos committed the attempted murder willfully, deliberately, and with premeditation, and that in the course of committing attempted murder Fakinos inflicted great bodily injury on another person who was not an accomplice. The trial court sentenced Fakinos to a term of seven years to life on the attempted murder conviction with a consecutive three‑year term for infliction of great bodily injury.
Fakinos filed a notice of appeal. His appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), setting forth the facts of the case and requesting that we review the entire record. Pursuant to Anders v. California (1967) 386 U.S. 738 (Anders), appointed counsel has suggested three potential issues to assist us in conducting our independent review. Fakinos was granted a total of 72 days in which to file a supplemental brief on his own behalf. Although he did not file a supplemental brief, he did file a letter to the court, which we have considered. We find no reversible error and affirm.
FACTS
Orange County Sheriff’s Deputy Herrera was working as a correctional officer in module P at the Theo Lacy Facility on July 29, 2020. When Herrera did a routine safety check at 8:16 p.m., he found an inmate (the victim) face down on the floor in the dayroom. A large puddle of blood surrounded the victim’s head. Herrera called for paramedics and assistance then did what he could to stop the bleeding from the victim’s neck and forehead.
Once medical help arrived, Herrera commenced an investigation by watching a surveillance recording of the dayroom. He identified three inmates, including Fakinos, as potential suspects. The surveillance recording, which was received into evidence at trial as exhibit No. 6, showed the three inmates beating and cutting the victim with some kind of cutting or slashing tool. The recording showed Fakinos kicking the victim about 60 times and hitting him about 35 times. The victim testified he did not recall the assault and denied having argued or saying anything to the suspects before they attacked him.
The victim was treated in the emergency room at the University of California Irvine Medical Center. The victim had a cut of about 5.9 inches in length across his throat. The cut exposed the muscles and came within .08 to .12 inches of the jugular vein and less than .39 inches from the carotid artery. The wound could have been fatal if either the jugular vein or the carotid artery had been severed. The attending doctor characterized the injury, which required the victim to undergo surgery, as “significant.”
DISCUSSION
We have reviewed counsel’s Wende/Anders brief and have examined the record in accordance with our obligations under Wende and Anders. Counsel has suggested three issues to assist us in our review. None has merit. We have considered a letter dated March 28, 2022, that Fakinos submitted to this court. The letter expresses several grievances about his treatment while in jail but does not raise any issues related to the merits of his appeal.
DISPOSITION
The judgment is affirmed.
SANCHEZ, J.
WE CONCUR:
GOETHALS, ACTING P. J.
MARKS, J.*
*Judge of the Orange County Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.
