1 Filed 4 / 19 /2 1 P. v. Swinger CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or or dered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,
Plaintiff and Respondent,

v. JOHN SWINGER,
Defendant and Appellant. A160 877

( Del Norte County Super. Ct. No. CRF 199604 )

Defendant John Swinger pleaded guilty to voluntary manslaughter and

was sentenced to 11 years in state prison. On appeal, his appoint ed counsel

has filed an opening brief asking this court to independently examine the

record in accordance with People v. Wende (1979) 25 Cal.3d 436. Defendant

was apprised of his right to file a supplemental brief, but he did not do so.

We have conducted o ur examination, conclude there are no arguable issues,

and affirm.

FACTUAL BACKGROUND

Because defendant entered into a negotiated plea agreement prior to

trial , we derive the background facts from the preliminary hearing transcript

, which reveals the following:

On the morning of October 26, 2019, Del Norte County Deputy Sheriff

Travis Jolley responded to a medical call at a residence in Crescent City. On2

the property was a trailer that was being used as a residence. When he

arrived, emergency medical workers were already there, providing aid to

defendant who was inside the trailer. Defendant had blood coming from his

neck area . A zip

- tie that had been around his neck had been removed.

On a couch in the trailer, there was a deceased man under a blan ket.

He had eight stab wounds on his neck and torso and two defensive stab

wounds on his right forearm and hand. Two knives , both with blood on them,

were found in the trailer : a larger one that was next to the victim and a

smaller one that was near def endant

. There was an empty whiskey bottle on

a table between defendant and the victim and a half

- empty whiskey bottle

near defendant’s foot.

The victim’s father lived in a larger trailer on the property. He told the

police that his son lived in the other trailer and that defendant had been

staying with him.

Defendant was taken via ambulance to the local hospital . En route, he

told a paramedic that he and the victim had been fig hting. When defendant

was interviewed by a law enforcement officer while at the hospital, he told

the officer that he and the victim had been drinking and that the victim

stabbed him and then dropped the knife and said he was done, but defendant

told him, “I’m not done with you . You stabbed me. I’m stabbing you,” and he

stabbed him back. Defendant said he put the zip

- tie around his neck to try to

control the bleeding.

Defendant underwent surgery for his neck injury. He had no other

injuries such as d efensive wounds. Upon his discharge from the hospital, he

was arrested.3 PROCEDURAL BACKGROUND

On October 30, 2019, defendant was charged with one count of murder

(Pen. Code, § 187, subd. (a)) , with three enhancements: use of a deadly

weapon ( id.

, § 1 2022, subd. (b)(1)), a prior serious felony conviction ( id.

, §§ 422, 667, subd. (a)(1)), and a prior serious or violent felony conviction ( id.

, § 11701.12, subd. (c)(1)).

Following a May 7, 2020 preliminary hearing, defendant was held to

answer on the mur der charge

. An information charging him with murder

with the same three enhancements was filed on May 15.

On May 21, defendant pleaded guilty to an amended charge of

voluntary manslaughter with dismissal of the enhancement allegations. It

was an open pl ea, with a sentencing range of three, six, or 11 years.

On August 17 , defendant was sentenced to the aggravated term of 11

years in state prison , with the imposition of various fees and fines. The fines

were later stayed.

D efendant filed a timely notice of appeal.

DISCUSSION

Where, as here, a defendant has ple aded guilty or no contest to an

offense, the scope of reviewable issues is restricted to matters based on

constitutional, jurisdictional, or other grounds going to the legality of the

proceedings leading to the plea and the sentence ; guilt or innocence are not

included. ( People v. DeVaughn (1977) 18 Cal.3d 889, 895

– 896.)

The admonitions given defendant at th e time he entered his plea fully

conformed with the requirements of Boykin v. Alabama (1969) 395 U.S. 238

and In re Tahl (1969) 1 Cal.3d 122, and h is waiver was knowing and

voluntary.

The record provides a factual basis for the plea.4

Defendant was at all t imes represented by competent counsel who

protected h is rights and interests.

The sentence imposed is authorized by law.

DISPOSITION

Our independent review having revealed no arguable issues that

require further briefing, the judgment of conviction and sen tence are

affirmed.5 _________________________ Richman, Acting P. J.

We concur:

_________________________ Stewart, J.

_________________________ Miller, J.

People v. Swinger ( A 160877 )