People v. Blackmon CA5

INTRODUCTION

Appellant/defendant Jason Kyle Blackmon pleaded guilty to attempted murder and was sentenced to nine years. On appeal, his appellate counsel filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) By letter on April 24, 2014, we invited defendant to submit additional briefing. Defendant has filed a letter brief and claims his defense attorney was prejudicially ineffective and misled him during plea negotiations. We affirm.

FACTS1

On February 17, 2013, defendant and his wife were at his sister’s house. They were in the midst of a contentious divorce. Defendant knew his wife had an affair with John K. (John), the victim, but thought they could work out their problems. John drove up to the residence of defendant’s sister. When he arrived, defendant’s wife walked up to his car; defendant also appeared. John did not know defendant was at his sister’s house. Defendant approached John’s car, and John exited his vehicle. Defendant asked John why he was there. Suddenly, defendant stabbed John in the shoulder and stomach. John suffered a…