P.

BACKGROUND

Defendant and the victim had been roommates and friends. But when defendant arrived at their residence and demanded entry to obtain his personal property, the victim stood in the doorway and refused to let defendant enter. After pushing each other, defendant pulled a steak knife from his pocket. Defendant lunged at the victim and the knife touched the victim’s stomach without causing injury. The victim pushed defendant back. Defendant changed his grip on the knife and tried to stab the victim in the neck. The victim raised his arms in defense and defendant stabbed the victim in the forearm.

DISCUSSION

Defendant contends the trial court abused its discretion in imposing the upper term. He claims the trial court failed to properly consider that it was defendant’s first crime of violence, the parties were intoxicated, defendant is illiterate, he has a history of addiction, and he has work experience as a diesel mechanic. At the beginning of the sentencing hearing, the trial court said it read the probation report, but defense counsel indicated that defendant could not read. Defense counsel requested and obtained a recess to read the probation report to defendant. The…