P. v. Long
Filed 12/2/09 P. v. Long 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
(Sacramento)
THE PEOPLE, Plaintiff and Respondent, v. BRAD LEE LONG, Defendant and Appellant. | C060754 (Super. Ct. No. 08F04361) |
On May 30, 2008, Stephen Mendonca and his friends Robert Beck and James Nicholas returned home to the apartment Mendonca shared with his mother. Defendant Brad Lee Long, who used to date Mendoncas mother, was out in the parking lot talking with a friend in a white sport utility vehicle. Ms. Mendonca told her son that defendant had refused her request to leave the apartment complex, and she asked him to tell defendant to leave.
While Nicholas was in the bathroom, Mendonca and Beck went outside to talk to defendant. Defendant was standing in the open doorway of the drivers side of the vehicle. Mendonca asked defendant to leave, but defendant refused unless Ms. Mendonca came out and asked him. As Mendonca turned, defendant kicked him in the groin.
Mendonca responded by punching defendant and they ended up in a fight on the ground. Nicholas arrived and saw defendant on top of Mendonca with Beck standing by. During the fight on the ground, Mendonca realized he had been stabbed and was bleeding. He called to Beck that defendant was stabbing him and asked Beck to get defendant off.
Beck then kicked defendant in the head, causing defendant to back off, which in turn allowed Mendonca to get up, grab defendant, and shove his head through the back window of the sport utility vehicle. Defendant then pulled Mendonca to the ground by the hair and the fight continued. As Mendonca yelled for help again, Beck saw a blade in defendants hand.
Beck forced defendant to drop the knife while Nicholas kicked defendant. Beck and Nicholas then separated defendant from Mendonca and assisted Mendonca in walking away. They helped Mendonca, who was bleeding profusely, to the car and drove him to the hospital. Defendant, who was on his hands and knees, was then attacked by a group of four men.
Mendonca sustained stab wounds to his left forearm, left neck and chest, requiring surgery. He had a blood-alcohol level of .265 percent.
Defendant testified that Mendonca initiated the combat by swinging a rock at him, which led him to kick Mendonca in the groin. First Beck and then Nicholas intervened on Mendoncas behalf. At that point, defendant thought he was a gonner unless he did something, so he pulled out a knife and started stabbing until his assailants backed off. He then ran to a convenience store and called the police.
A jury convicted defendant of assault with a deadly weapon (Pen. Code, 245, subd. (a)) and battery with serious bodily injury (Pen. Code, 243, subd. (d)), while sustaining a great bodily injury allegation (Pen. Code, 12022.7, subd. (a)). The court imposed a five-year prison term along with various fines and fees, and awarded 225 days credit (196 actual and 29 conduct).
Defendant appeals.
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. (People v. Wende (1979) 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.
We commend the trial judge, the Honorable Gerrit W. Wood, for conducting an error-free trial.
DISPOSITION
The judgment is affirmed.
BLEASE , Acting P. J.
We concur:
SIMS , J.
BUTZ , J.
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