P. v. Yang
Filed 12/9/13 P. v. Yang CA3
NOT TO BE PUBLISHED
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opinion has not been certified for publication or ordered published for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
THIRD APPELLATE
DISTRICT
(Yuba)
----
THE PEOPLE,
Plaintiff and Respondent,
v.
KAI YANG,
Defendant and Appellant.
C073248
(Super. Ct. No.
CRF12291)
This is an
appeal pursuant to
25 Cal.3d 436 (Wende).
On May 16, 2012, Shoua Yang and his
wife Ker L. were at his parents’ home. Shoua was sleeping on the couch. Shoua heard loud music from somewhere else in
the house; he went to the garage and told his brother, defendant Kai Yang, to
turn down the music. The two then got
into a physical altercation, during which defendant said to Shoua, “you want to
die?†Chur Y., the father of Shoua and
defendant, attempted to break up the fight.
Shoua believed defendant was being disrespectful to Chur, so Shoua
punched defendant in the face. Chur then
called 911.
Law
enforcement arrived. Shoua reported that
defendant had threatened to kill the entire family. Shoua believed the threats and was afraid for
himself and his family. Ker also
reported that defendant approached her and said, “I’m going to . . .
F’ing kill you.†Shoua got in between
defendant and Ker, but Ker was “afraid for her life.†Ker believed defendant was capable of killing
her and the family. She told law
enforcement that defendant had been “terrorizing†Chur and his wife Mai, Ker’s
in-laws, since he moved into their home in December 2011. Law enforcement spoke to Mai. She too heard Kai threaten to kill the entire
family, and she too was afraid.
Defendant
was subsequently charged with two counts of making
§ 422.)
title="">[1] Trial counsel declared a doubt over
defendant’s capacity to stand trial. The
trial court appointed an expert to examine defendant and later found defendant
competent to stand trial.
On September 7, 2012, defendant
entered a negotiated no contest plea to one count of making a criminal threat. (§ 422.)
In exchange, defendant would attend a six- to 12-month residential
program and, upon completion of the program, be placed on probation. Defendant also agreed that should he fail to
successfully complete the residential program, the plea would be deemed an open
plea.
Defendant
enrolled in the Salvation Army residential program and shortly thereafter was
discharged from the program for using inappropriate language. Defendant was then taken into custody.
On January 4, 2013, the trial court
sentenced defendant to the middle term of two years on his conviction for
making criminal threats. The court
ordered defendant to pay various fines and fees, and awarded him 406 days of
custody credit (203 actual and 203 conduct).
Defendant
appeals. The trial court denied
defendant’s request for a certificate of probable cause. (§ 1237.5.)
We
appointed counsel to represent defendant
on appeal. Counsel filed an opening
brief that sets forth the facts of the case and requests this court to review
the record and determine whether there are any arguable issues on appeal. (Wende,
supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right
to file a supplemental brief within 30 days of the date of filing of the
opening brief. More than 30 days
elapsed, and we received no communication from defendant. Having undertaken an examination of the
entire record, we find no arguable error that would result in a disposition
more favorable to defendant.
DISPOSITION
The
judgment is affirmed.
RAYE , P. J.
We concur:
MAURO , J.
DUARTE , J.
name="_ftn1" title="">[1]
Undesignated statutory references are to
the Penal Code.
