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Filed 4/19/21 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 ordered 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.

 A160877

 (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 appointed 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 our 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. On 
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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 blanket. 

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 defendant. 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 fighting. 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 defensive wounds. Upon his discharge from the hospital, he 

was arrested. 
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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., § 12022, 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 murder 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 plea, 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. 

Defendant filed a timely notice of appeal. 

DISCUSSION

Where, as here, a defendant has pleaded 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 the 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 his waiver was knowing and 

voluntary.

The record provides a factual basis for the plea.
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Defendant was at all times represented by competent counsel who 

protected his 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 sentence are 

affirmed.
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_________________________

Richman, Acting P.J.

We concur:

_________________________

Stewart, J.

_________________________

Miller, J.

People v. Swinger (A160877)