People v. Garza CA5

INTRODUCTION

Appellant/defendant Michael Rene Garza pleaded no contest to assault with a deadly weapon and criminal threats pursuant to a negotiated disposition, and was sentenced to the second strike term of 19 years in prison. On appeal, his appellate counsel has 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).) Defendant has filed a letter brief and challenges the superior court’s denial of his motion to exclude his pretrial statements. We affirm.

FACTS1

Around 9:30 p.m. on March 19, 2013, Deputy James Jackson of the Kern County Sheriff’s Department responded to Town & County Liquor Store on Highway 46 in Wasco. Jackson spoke to William D. (William), who was in his 60’s. William reported that he had been assaulted with a knife by a Hispanic male in his 40’s, who had numerous tattoos and was wearing a Raiders jacket. William told Deputy Jackson the incident occurred when he was inside the liquor store. Defendant was also inside the store. Defendant asked William what he was looking at, and William replied that he would look at whatever…