People v. Wilson CA2/6

Filed 8/27/14 P. v. Wilson CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B249423 (Super. Ct. No. BA397164-05) Plaintiff and Respondent, (Los Angeles County)

v.

DARRYL L. WILSON,

Defendant and Appellant.

Darryl L. Wilson appeals a judgment following conviction of burglary and misdemeanor resisting a police officer, with a finding of a prior serious felony strike conviction. (Pen. Code, §§ 459, 148, 667, subds. (b)-(i), 1170.12, subds. (a)-(d).)1 We affirm. FACTS AND PROCEDURAL HISTORY In the afternoon of April 30, 2012, Maria Buffington returned to her residence on West 80th Street in Los Angeles to find the front door open and "splintered," and the contents of drawers and closets strewn about the house. A video game console and other personal items were missing. Earlier, a neighbor saw a gray-colored automobile containing two women and three men stop in front of the Buffington residence. A woman and three men left the automobile and approached the front door. The neighbor later saw the men in

1 All further statutory references are to the Penal Code unless stated otherwise.

Buffington's yard and then one man leaving through the front door. The neighbor took photographs of the men and the automobile, noted the automobile's license plate number, and telephoned for police assistance. Shortly thereafter, Los Angeles police officers stopped the gray-colored automobile. Three of its passengers fled, including Wilson. An officer forcibly arrested him about a block away. Officers later found Buffington's personal property in the trunk of the automobile. The jury convicted Wilson of burglary and misdemeanor resisting a police officer, but found that a charged criminal street gang allegation was not true. (§§ 459, 148, 186.22, subd. (b)(1)(B).) In a separate hearing, Wilson admitted suffering a prior serious felony strike conviction. (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) The trial court sentenced him to an eight-year prison term for the burglary, consisting of a doubled four-year midterm, plus a six-month sentence for resisting a police officer, to be served concurrently to the prison term. The court also imposed a $240 restitution fine, a $240 parole revocation restitution fine, a $40 court security assessment, and a $30 criminal conviction assessment. (§§ 1202.4, subd. (b), 1202.45, 1465.8, subd. (a); Gov. Code, § 70373.) It awarded Wilson 805 days of presentence custody credit. Wilson appeals and challenges the trial court's decision to retain Juror No. 6. Proceedings Regarding Juror No. 6 During trial, Juror No. 6 informed the courtroom bailiff that her sister was a recent burglary victim and that she was concerned regarding her ability to be a fair juror. In response, the trial court held a hearing regarding Juror No. 6, as well as three other jurors to whom Juror No. 6 had related the burglary. The four jurors provided these responses to the court's questions: While in the courthouse restroom the previous day, Juror No. 6 received telephone news of her sister's burglary. She responded with expletives and stated that she could not "believe [her sister] was burglarized." Juror No. 6 added that she was "here on a burglary case and [her] sister was just burglarized."