P. v. Wormley
Filed 2/23/06 P. v. Wormley CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
| THE PEOPLE, Plaintiff and Respondent, v. TYRIN JAMEL WORMLEY, Defendant and Appellant. | E037991 (Super.Ct.No. FVA022818) OPINION |
APPEAL from the Superior Court of San Bernardino County. Keith D. Davis, Judge. Affirmed.
John L. Dodd, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Jeffrey J. Koch and Scott C. Taylor, Supervising Deputy Attorneys General, for Plaintiff and Respondent.
A jury found defendant and appellant Tyrin Jamel Wormley guilty of carrying a concealed dirk or dagger. (Pen. Code, § 12020, subd. (a)(4).)[1] The jury also found true the allegations that defendant suffered two prior serious felony convictions. (§§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i).) The court thus sentenced defendant to a total term of 27 years to life in state prison.
On appeal, defendant contends that there was insufficient evidence to support his conviction. We disagree and affirm the judgment.
FACTUAL BACKGROUND
On September 22, 2004, at approximately 2:30 a.m., Officer Mark Martinez was driving in a patrol car when he observed defendant riding a bicycle without a headlight. The officer followed the bicycle and shined his spotlight on the bicycle and defendant. Defendant continued riding. The officer yelled at defendant about three or four times, telling him to stop. Defendant sped up. The officer then observed defendant make a backwards throwing motion with his left hand. The officer saw a dark object fall from defendant's hand and hit the ground. The officer yelled at defendant again to stop and defendant complied. The officer detained defendant in the back of his patrol car and then went to retrieve the object that defendant had thrown. The object was a knife wrapped in a black â€
