Filed 7/7/26 P. v. McClain CA2/6
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION SIX
THE PEOPLE, 2d Crim. No. B347291
(Super. Ct. No. 23F-02933)
Plaintiff and Respondent, (San Luis Obispo County)
v.
CYRUS ROCKY MCCLAIN,
JR.,
Defendant and Appellant.
Appellant appeals a judgment following his conviction after
a jury trial for making criminal threats. (Pen. Code, § 422, subd.
(a).) He admitted an allegation that he had a prior serious felony
strike conviction in 2018. (Id., §§ 245, subd. (a), 667, subd. (b),
1170.12, subds. (a)–(d), 12022.7, subd. (a).) The trial court
sentenced Appellant to an aggregate term of 16 months in prison
to be served consecutively to a sentence he was serving in a
separate Santa Barbara County case.
Appellant had a dating relationship with J.L. between
December of 2021 and March of 2022. During the relationship,
J.L. received information about articles involving Appellant
indicating that he had previously stabbed a woman and “she got
sent to the ER.” J.L. testified that she confronted Appellant
about these articles but “he didn’t have anything to say towards
it.”
Appellant had been living in a halfway house. He became
angry at J.L. because he learned that J.L. had told his mother
that he had been kicked out of his halfway house.
In May 2022, Appellant threatened J.L. that he was going
to “put a bullet in [her] head.” During a phone call, he said J.L.
was a “rat” and “he’s a rodent exterminator.” J.L. testified
Appellant said he “kills rats.” She understood this to mean “he
was going to kill” her. Appellant told J.L. to “have fun your last
few days on earth” and told her that he was outside her window.
J.L. made a recording of Appellant’s telephone call and a
transcript of it was admitted into evidence. The recorded call
was played for the jury at trial.
J.L. testified she was scared and believed that Appellant
would act on his threats. She contacted law enforcement.
Because of Appellant’s threats J.L. moved away and closed her
business. Her fear lasted from the time he made the threats to
and including the time she was testifying at trial. J.L. also
obtained a “K-9 dog” for protection. Appellant did not testify at
trial.
We appointed counsel to represent Appellant in this appeal.
After reviewing the record, his counsel was unable to find any
arguable issues to brief and he filed an opening brief under
People v. Wende (1979) 25 Cal.3d 436 (Wende). In March 2026,
Appellant’s counsel advised him that he may file a supplemental
brief with the court within 30 days. In April 2026, we sent a
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notice to Appellant about his right to file a supplemental brief
raising any issues he wanted us to consider. He did not file a
supplemental brief.
We have reviewed the record and are satisfied that
Appellant’s counsel has fully complied with his responsibilities,
that no arguable issues exist, and there is no evidence in the
record showing any reversible error. (Wende, supra, 25 Cal.3d at
p. 443.)
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED.
BALTODANO, J.
We concur:
YEGAN, Acting P. J.
CODY, J.
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Barry T. LaBarbera, Judge
Superior Court County of San Luis Obispo
______________________________
Richard L. Fitzer, under appointment by the Court of
Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.