People v. Dixon CA1/1

Filed 10/3/24 P. v. Dixon CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, Plaintiff and Respondent, A170326 v. ANDREW K. DIXON, (Napa County Super. Ct. No. 23CR002101) Defendant and Appellant.

Under a plea agreement, defendant Andrew Dixon was sentenced to six years and four months in prison. He appealed, and the trial court denied his request for a certificate of probable cause. Dixon’s appellate counsel asked this court for an independent review of the record under People v. Wende (1979) 25 Cal.3d 436 (Wende). Dixon then filed a supplemental brief raising several issues. We conclude that the claims raised by Dixon lack merit. After independently reviewing the record, we find no other arguable issues. Thus, we affirm, except we order that a clerical error in a minute order be corrected.

I. FACTUAL AND PROCEDURAL BACKGROUND On the morning of September 16, 2023, the power went out at the Silverado Trail home of 61-year-old J.B. and his wife.1 When J.B. went outside to investigate the power outage, he saw a man, later identified as Dixon, standing next to the electrical panel. Dixon was holding “a large knife” with the blade pointed at J.B. J.B. asked what Dixon was doing, and Dixon “lunged towards him with the knife.” During the ensuing struggle, Dixon stabbed J.B. in the back, causing “a stab wound approximately 2 to 3 inches in length . . . on his lower back” that required stitches. J.B. pulled the knife out of his own back and stabbed Dixon. Dixon started to run away, and J.B. “tackled him.” J.B. yelled for his wife to call 911, and he was able to detain Dixon until law enforcement arrived. While J.B. was holding Dixon, Dixon asked whether J.B. was “with the KKK” and was “talking [g]ibberish.” A few minutes before the power went out, the home’s surveillance cameras had recorded a man walk into the home’s patio and then toward the outdoor electrical panel. Later investigation revealed that the panel’s switches were all “turned in the off position,” a window screen had been removed from a building on the property, and someone other than J.B. or his wife had recently been inside that building. Dixon later told law enforcement that he wanted “to go inside and eat some food” because he was hungry, and he turned off the power once he noticed the cameras so he would not “get in any trouble.”