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Filed 7/13/15 P. v. Saechao 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication 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

(Butte)

----

THE PEOPLE,

Plaintiff and Respondent,

v.

VARN CHIEM SAECHAO,

Defendant and Appellant.

C077336

(Super. Ct. No. CM034767)

Appointed counsel for defendant Varn Chiem Saechao has filed an opening brief 

that sets forth the facts of the case and asks this court to review the record and determine 

whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 

436.)1 Finding no arguable error that would result in a disposition more favorable to 

defendant, we affirm the judgment. 

 

1 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.
2

We provide the following brief description of the facts and procedural history of 

the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

On July 10, 2011, defendant stabbed his wife in the face with a screwdriver while 

she was sleeping, punched her and told her he was going to poke her eyes out, and then 

shot her with a shotgun as she fled. Defendant’s grandson witnessed the attack. 

Defendant’s wife told police that defendant had been threatening to kill her for a long 

time. Defendant’s daughter told police that her mother had met another man and was 

planning on leaving defendant. Responding officers saw that defendant’s wife was 

covered in blood and bleeding from her nose, face, arm, and upper and lower back. She 

was also coughing up blood. At the hospital, it was determined that she had a collapsed 

lung. 

Defendant pleaded no contest to assault with a deadly weapon (a screwdriver) and 

spousal abuse. (Pen. Code, §§ 245, subd. (a)(1), 273.5, subd. (a).)2 He also admitted, in 

connection with the spousal abuse, that he personally inflicted great bodily injury and 

personally used a firearm. (§§ 12022.7, subd. (e), 12022.5, subd. (a).) In exchange for 

his plea, charges for attempted murder and child endangerment, and additional 

enhancements, were dismissed. 

On August 21, 2014, defendant was sentenced to 20 years in state prison, 

comprised as follows: the upper term of four years for spousal abuse; a consecutive one 

year (one-third the midterm) for assault with a deadly weapon; a consecutive 10 years for 

the arming enhancement; and a consecutive five years for the great bodily injury 

enhancement. Defendant was also ordered to pay a $240 restitution fine and was 

awarded a total of 1,309 days of presentence custody credit.

 

2 Undesignated statutory references are to the Penal Code.
3

Defendant appeals. His request for a certificate of probable cause was denied. 

(§ 1237.5.)

Having undertaken an examination of the entire record, we find no arguable error 

that would result in a disposition more favorable to defendant.

DISPOSITION

The judgment is affirmed.

 NICHOLSON , Acting P. J.

We concur:

 MAURO , J.

 RENNER , J.