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>P. v. Green



















Filed 4/25/13 P. v. Green CA5

























NOT
TO BE PUBLISHED IN THE OFFICIAL REPORTS





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opinion has not been certified for publication or ordered published for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

FIFTH APPELLATE DISTRICT




>

THE PEOPLE, Plaintiff and Respondent, v. DARCY DEMONE GREEN, Defendant and Appellant.

F064656 (Super. Ct. No. BF139591A) >OPINION

>THE COURThref="#_ftn1" name="_ftnref1" title="">^*

APPEAL
from a judgment of the Superior Court of href="http://www.adrservices.org/neutrals/frederick-mandabach.php">Kern County. Louis P. Etcheverry, Judge.

Harry
Zimmerman, under appointment by the Court of Appeal, for Defendant and
Appellant.

Office
of the State Attorney General, Sacramento, California, for Plaintiff and
Respondent.

>

>-ooOoo-

Appellant, Darcy Demone Green, pled no contest to href="http://www.mcmillanlaw.com/">assault with a deadly weapon (Pen. Code,
§ 245, subd. (a)(1)), admitted a great bodily injury enhancement (Pen. Code, §
12022.7), and was sentenced to a seven-year term. Following independent review of the record
pursuant to People v. Wende (1979) 25
Cal.3d 436 (Wende), we affirm.

PROCEDURAL AND FACTUAL HISTORY

Green lived
with his brother Gregory Deandre. On
December 2, 2011, Green was drinking when he became suicidal and upset over the
electricity at the residence being shut off.
After getting into an argument with Deandre, Green stabbed him with a
knife in the neck, chest and arms. Green
was subsequently arrested by police officers who arrived on the scene. Green told the officers he was tired of
getting beat up and acted in self-defense and that he just wanted to “cut him a
little.”

On December
6, 2011, the district attorney filed a complaint charging Green with href="http://www.fearnotlaw.com/">attempted murder (count 1/Pen. Code,
§§ 664 & 187) and assault with a deadly weapon (count 2). Each count also alleged a personal use of a
weapon enhancement (Pen. Code, § 12022, subd. (b)(1)) and a great bodily
injury enhancement. Count 1 also alleged
that the attempted murder was willful, deliberate and premeditated (Pen. Code,
§ 189).

On December
20, 2011, Green pled no contest to the assault charge and admitted the great
bodily injury enhancement in that count in exchange for the dismissal of the
remaining count and allegations and a stipulated seven-year term.

On March
16, 2012, Green filed a motion to
withdraw his plea alleging that he was coerced into entering a plea when he
overheard the district attorney tell the court that the victim was “in and out
of a coma” and that he did not think the victim “was going to make it.”

On March 29, 2012, the court heard
and denied Green’s motion to withdraw his plea.
It then sentenced Green in accord with his plea bargain to a seven-year
term, the upper term of four years on Green’s assault conviction and a
three-year great bodily injury enhancement.


Green’s appellate counsel has filed
a brief which summarizes the facts, with citations to the record, raises no
issues, and asks this court to independently review the record. (Wende,
supra, 25 Cal.3d 436.) Green has not responded to this court’s
invitation to submit additional briefing.

Following
an independent review of the record we
find that no reasonably arguable factual or legal issues exist.

DISPOSITION

The judgment is affirmed.