People v. Chism CA4/1

Filed 2/28/25 P. v. Chism CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D083673

Plaintiff and Respondent,

v. (Super. Ct. No. SCS324638)

WILLIAM RAY CHISM II,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Carlos Varela, Judge. Affirmed. Gerald J. Miller, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters and Charles C. Ragland, Assistant Attorneys General, Robin Urbanski and Flavio Nominati, Deputy Attorneys General for Plaintiff and Respondent. The court granted the People’s motion to consolidate three separate cases alleging one count each, over appellant William Ray Chism II’s objection. The People thereafter filed a consolidated information alleging

Chism made a criminal threat (Pen. Code1, § 422; count 1), possessed a weapon at a penal institution (§ 4502, subd (a); count 2), and committed battery by gassing (§ 243.9, subd. (a); count 3). They further alleged that Chism suffered three prior convictions for serious felonies, and four prior convictions that qualified as strikes within the meaning of the “Three Strikes” law. (§ 667 subds. (b)-(i); 668; 1170.12.) A jury convicted Chism of counts 1 and 2 but found him not guilty of count 3. In bifurcated proceedings, Chism admitted a prior conviction under section 422, a dangerous or deadly weapon use enhancement allegation (§ 1192.7, subd. (c)(23)), and an allegation that he had served a prior prison term. The court sentenced Chism to eight years four months in state prison. Chism contends: (1) the court erroneously joined the cases, and (2) insufficient evidence supports his weapon possession conviction. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Count 1—Threat A San Diego Sheriff’s Department sergeant testified that in February 2023, while he was working at the San Diego Central Jail, Chism complained to him about inmates of a different race sharing his living module. Chism was in shackles but had one arm free. Chism was angry, animated, and yelling, and identified himself as a “Hells Angels” criminal street gang member while pointing to his arm tattoo. He called the San Diego Sheriff’s Department a racist organization. As the sergeant turned away, Chism stood up, lunged toward him in a threatening manner, and yelled, “I will fucking stab you,” and “I will fucking kill you.” When the deputies tried to escort Chism, he kept thrashing his body and trying to get closer to the sergeant.