P. v. Wilcox
Filed 3/8/13 P. v. Wilcox CA6
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opinion has not been certified for publication or ordered published for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
SIXTH
APPELLATE DISTRICT
THE PEOPLE,
Plaintiff and
Respondent,
v.
PAUL ROBERT WILCOX,
Defendant and
Appellant.
H037915
(Santa Cruz
County
Super. Ct.
No. F21280)
Defendant
Paul Robert Wilcox was convicted by a jury of deterring an executive officer
(Pen. Code, § 69).
title="">[1] The jury deadlocked on a second charge of
Wilcox not guilty on a charge of attempt
to burn (§ 455). The trial court
dismissed the arson charge after the prosecution indicated it would not proceed
with a retrial. On January 26, 2012, Wilcox was sentenced to 270
days in county jail and five years probation, with custody credits of 93
days. The court imposed a $200
restitution fine, a $40 court security fee and a $30 court facilities fee. The court also imposed and stayed a $200
probation revocation fine. Wilcox timely
appealed.
On July 5, 2012, the court terminated
Wilcox’s probation for absconding.
We appointed
court. Appointed counsel filed an
opening brief which states the case and the facts, but raises no specific
issues. We notified Wilcox of his right
to submit written argument in his own behalf within 30 days. That period has elapsed, and we have received
no written argument from Wilcox.
I. Factual and Procedural Background
On July 20, 2011, City of Santa Cruz firefighters responded to a grass fire at Natural Bridges State Park.
Firefighters did not see anyone in the area of the fire.
Brad Self, a close friend of
Wilcox’s, spoke to Cal Fire Battalion Chief Jake Dellamonica about the fire on
July 28 and August 2, 2011. Self
was with Wilcox at Natural
Bridges State Park the morning of July 20, 2011, and Wilcox told Self he was going to start
a fire. Self saw that Wilcox was holding
a blue Bic lighter, and Wilcox said “[T]hree hots and a cot, I don’t care†at
least twice. Wilcox, who was standing
over a small charred patch of vegetation, also said, “but it won’t burn.†Self was worried about getting involved, so
he left.
After talking to Self, Dellamonica
interviewed Wilcox and, after talking to him, gave him his contact
information. Wilcox gave Dellamonica his
cell phone number as well. Shortly after
that interview, Dellamonica received a text message from Wilcox’s cell
phone. Dellamonica responded to this
message with the following: “Feel free
to have your lawyer contact me, thank you.â€
Later that day, Dellamonica received a text message from Wilcox’s cell
phone which read: “FUCK YOU, JAKE. I
DIDN’T DO IT. IF YOU THINK I DID, WELL,
THEN, LET’S TAKE IT TO COURT, AND I HOPE ONE OF MY [REDACATED] FANS SHOOTS YOU
IN THE FACE. FUCK YOU, BITCH!†Dellamonica received several more messages
from Wilcox’s cell phone number, one of which referred to Wilcox’s lawyer
shooting Dellamonica with an unregistered .357 magnum.
Self testified that after being
interviewed by Dellamonica, Wilcox was upset.
He saw Wilcox write a text message on his cell phone and, as he typed
it, Wilcox read it aloud: “Jake, I will
blow your head off with my unregistered .357 magnum.†Self told Wilcox not to send the text
message, but Wilcox backed away from him and pushed the “send†button, saying
“It’s been sent.â€
Dellamonica
transferred the text messages he received from Wilcox’s phone to his state
e-mail, printed them out and attached them to his fire investigation
report. He perceived them as
threatening.
The defense presented no evidence.
The jury found Wilcox guilty of
deterring an executive officer (§ 69),
but acquitted him of the charge of attempt to burn (§ 455) and deadlocked on
the charge of arson (§ 451, subd. (c)).
The arson charge was dismissed after the prosecution declined to retry
Wilcox.
On January 26, 2012, Wilcox was sentenced to 270 days in county
jail and five years probation, with custody credits of 93 days. The court imposed a $200 restitution fine, a
$40 court security fee and a $30 court facilities fee. The court also imposed and stayed a $200
probation revocation fine.
Pursuant to People v. Wende (1979) 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106, we have reviewed the whole
record and have concluded there is no arguable
issue on appeal.
The
judgment is affirmed.
Premo,
J.
WE CONCUR:
Rushing, P.J.
Elia, J.
name="_ftn1" title="">[1]
Further unspecified statutory references are to the Penal Code.
