People v. Burr CA5

Filed 10/6/25 P. v. Burr CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F089003 Plaintiff and Respondent, (Super. Ct. No. PCF455534) v.

DEBBIE LEE BURR, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Robert Anthony Fultz, Judge. Monica McMillan, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P. J., Snauffer, J. and Fain, J.† † Judge of the Fresno Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

INTRODUCTION A jury convicted Debbie Lee Burr (appellant) of criminal threats (Pen. Code, § 422, subd. (a); count 1)1 with a use of a deadly weapon enhancement (§ 12022, subd. (b)(1)) and a hate crime enhancement (§ 422.75, subd. (a)), and misdemeanor violation of civil rights (§ 422.6, subd. (a); count 2). Appellant also admitted a prior strike conviction allegation. The trial court sentenced appellant to seven years in state prison. On appeal, appellant’s appointed counsel filed a brief with this court pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), identifying no error and asking this court to review the record and determine if there are any reasonably arguable issues on appeal. Appellant was afforded an opportunity to submit a supplemental letter or brief but failed to do so in the time allotted. We have conducted an independent review of the record and find no error. We affirm. BACKGROUND Appellant and B.S. lived in the same apartment building. B.S. is an elderly African American woman. B.S. testified that during the nine months leading up to the charged offenses, appellant repeatedly harassed her and called her racial slurs. She described one incident in which appellant approached her outside of the apartment building, threw coins at her, and said, “Fuck you, [N-word],” and “I’m going to throw you a penny for your thought, bitch.” B.S. responded by pushing appellant to the ground. On the morning of June 4, 2024, B.S. was standing in front of her apartment building talking with her husband and a friend. B.S. heard appellant yelling racial slurs, then turned and saw her walking toward the apartment building waiving a pocketknife with a three- to four-inch blade. Appellant stopped in front of the apartment building