IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FIVE
December 21, 2010
THE PEOPLE, PLAINTIFF AND RESPONDENT,
SILAS KADAR GREER, DEFENDANT AND APPELLANT.
The opinion of the court was delivered by: Needham, J.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Contra Costa County Super. Ct. No. 050900522)
Silas Kadar Greer appeals from a judgment convicting him of attempted murder and related counts after he attacked his stepfather with a knife. Appellant's court-appointed counsel has filed a brief raising no issues, but seeking our independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders). We affirm.
I. FACTS AND PROCEDURAL HISTORY
Appellant lived in a house with several family members, including his mother, his stepfather Joe Yates, two half-sisters and their children. He has been diagnosed as a paranoid schizophrenic and has been hospitalized at least three times under Welfare and Institutions Code section 5150. According to family members, appellant thought that people had chips in their heads so they could be observed via satellite. He called them "live wires" and informants and once went to the hospital to ask for an x-ray to find the chip in his brain. Appellant often talked to himself and to imaginary persons. He was not taking medication at the time of the events leading to the charges in this case.
On the morning of December 19, 2008, appellant became agitated and argued with Yates, who was then 76 years old. Yates told appellant, "Don't make me call the police on you," and appellant replied, "You're not going to call anything . . . I bet you all be dead before they get here." Appellant threatened to kill one of his half-sisters, Sassy Strong, after she told him that if he didn't stop acting silly, she would call the police herself.
Appellant started talking about how Yates was "chipped" and was being used to spy on him. He again threatened Strong, who told her mother to call the police. Appellant then said in a "creepy" sing-song voice that the police were here. Yates told appellant he had not called the police. Strong came out of her room and saw Yates and appellant struggling on the staircase. Appellant stabbed Yates a number of times in the head, and blood was squirting everywhere. Police arrived and arrested appellant, who claimed that Yates had tried to stab him and that the blood was appellant's.
Yates was seriously injured as a result of the attack. Appellant's hand was cut down to the bone. A police detective called as an expert in crime scene investigation explained that in cases involving multiple stab wounds and lots of blood, the blood becomes a lubricant and can cause the stabber's hand to slip over the blade.
After the trial court determined that appellant was legally competent, he was tried before a jury and convicted of attempted murder, assault with a deadly weapon or by means likely to cause great bodily injury, and causing an elder or dependent adult to suffer. (Pen. Code, §§ 664, subd. (a)/187, 245, subd. (a)(1), 368, subd. (b)(1).)*fn1 The jury also found true enhancement allegations that appellant had personally inflicted great bodily injury against a person over 70 years of age, as well as allegations that the murder and assault counts were serious felonies and that the assault count involved the personal use of a knife. (§§ 12022.7, subd. (c), 1192.7.) It acquitted appellant of other charges and found that he did not act with premeditation and deliberation in committing the attempted murder.
After securing a diagnostic study under section 1202.03, the court sentenced appellant to prison for an aggregate term of 12 years, consisting of the seven-year middle term on the attempted murder count and the five-year upper term on the accompanying great bodily injury enhancement. Sentence on the remaining counts was stayed under section 654.
As required by People v. Kelly (2006) 40 Cal.4th 106, 124, we affirmatively note that appointed counsel has filed a Wende/Anders brief raising no issues, that appellant has been advised of his right to file a supplemental brief, and that appellant did not file such a brief. We have independently reviewed the entire record for potential error and find none.
The court properly determined that appellant was competent to stand trial under section 1368 after the parties submitted the issue on the reports prepared by the examining doctors. (People v. Weaver (2001) 26 Cal.4th 876, 904.) Substantial evidence supports its denial during voir dire of a defense motion made under Batson v. Kentucky (1986) 476 U.S. 79 and People v. Wheeler (1978) 22 Cal.3d 258. The court instructed the jurors on the lesser offense of attempted voluntary manslaughter. It properly responded to a jury note regarding CALCRIM No. 627, allowing jurors to consider the effect of a hallucination in deciding whether the defendant acted with premeditation and deliberation. An instruction extending that principle to the intent to kill, required for attempted murder, was not required when the jury was elsewhere instructed that it could consider appellant's mental disease or defect in determining whether he acted with an intent to kill. (§ 28; CALCRIM No. 3428; see People v. Padilla (2002) 103 Cal.App.4th 675, 677-679.) The sentence imposed was authorized by statute and supported by the trial court's stated reasons.
Based on our review of the record, we are satisfied that appellant's appointed attorney has fully complied with the responsibilities of appellate counsel and that no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259, 283.)
The judgment is affirmed.
We concur. JONES, P. J. SIMONS, J.