People v. Wilbur CA2/5 Filed

Filed: 6/4/15 P. v. Wilbur CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B258503

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA104929) v.

SCOTT EDWARD WILBUR,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Victor D. Martinez, Judge. Affirmed. Laura R. Sheppard, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Timothy M. Weiner and Rene Judkiewicz, Deputy Attorneys General, for Plaintiff and Respondent.

I. INTRODUCTION

Defendant, Scott Edward Wilbur, appeals from a judgment of conviction of deadly weapon assault in violation of Penal Code1 section 245, subdivision (a)(1). Defendant admitted the truth of prior conviction and prison term allegations within the meaning of sections 667, subdivisions (a)(1) and (d), 1170.12, subdivision (b) and 667.5, subdivision (b) respectively. The trial court struck the allegation under sections 667, subdivision (d), and 1170.12, subdivision (b). Defendant was sentenced to seven years in state prison. We affirm the judgment.

II. THE EVIDENCE

On March 4, 2014, defendant’s roommate, Warren Steel, was expecting a visiting nurse, Lilit Mirakian. Mr. Steel asked defendant to “tidy up,” to put on a shirt and look presentable. Mr. Steel also moved some of defendant’s belongings from the dining room table. Defendant was “upset” and the two men argued. After Ms. Mirakian arrived, Mr. Steel and Ms. Mirakian sat at the dining room table. Defendant came to the dining room doorway and attempted to speak to Mr. Steel. Mr. Steel told defendant, “We’ll talk after my nurse leaves.” Ms. Mirakian testified that the two men sounded “a little bit” angry. Defendant left. Several minutes later, defendant entered the dining room with a knife in his hand. He moved quickly. Defendant was holding the knife up, in front of his body, not at his side. Defendant was swinging the knife. He was moving it in an “X” fashion. Defendant pointed the blade at Mr. Steel. Mr. Steel testified concerning defendant, “He came after me with the knife.” Mr. Steel pushed his chair back, jumped up and stepped back. Mr. Steel thereby moved away from defendant, who was upset. Mr. Steel testified he jumped up because, “I was scared for my life.” Mr. Steel explained: “I had to get up.