People v. Gessel CA5

INTRODUCTION

Appellant Tammy Gessel pleaded guilty to second degree murder for fatally stabbing her boyfriend, and to three counts of attempted murder for stabbing and seriously wounding her father and two young children. She was sentenced to 15 years to life. On appeal, her 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.) We affirm.

FACTS1

On June 4, 1997, appellant stabbed her boyfriend, Billy Enos; her two children; her father, Patrick Gessel; and herself. Mr. Enos died from his wounds. Mr. Gessel stated he was asleep in the front yard when he awoke from sounds of furniture, or something being moved about the house. When he went inside to investigate, he encountered appellant. She put her arms around him as if to give him a hug, and then stabbed him in the back. Mr. Gessel wrestled appellant to the ground, taking the knife from her. He told appellant that she was “stabbing your daddy[]” and appellant said, “Daddy, it’s time to die[.]” (People v. Gessel, supra, F031053, at pp. 2– 3.)

1The prosecution’s opposition to…