People v. Cook CA1/3

Filed 11/30/15 P. v. Cook CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, Plaintiff and Respondent, A144618 v. SHAD ERIC COOK, (Sonoma County Super. Ct. No. SCR654098) Defendant and Appellant.

Shad Eric Cook (appellant) appeals from a judgment entered after having been found guilty of making a criminal threat (Pen. Code, § 4221) with a weapon enhancement (§ 12022, subd. (b)(1)). Appellant’s counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 and requests that we conduct an independent review of the record. Appellant was informed of his right to file a supplemental brief and did not do so. Having independently reviewed the record, we conclude there are no issues that require further briefing, and shall affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND On January 14, 2015, a first amended information was filed charging appellant with making a criminal threat (§ 422, count 1). The information also alleged a weapon enhancement (§ 12022, subd. (b)(1)) and a prior serious felony conviction and prior strike conviction (§§ 667, subd. (a)(1), 1170.12). Appellant waived his right to a jury trial, and a bench trial was held.

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

1

The information was based on an incident that occurred on August 4, 2014. At approximately 12:30 p.m. that day, James Clawson, a plainclothes private security guard at Whole Foods Market, received a radio call and a walk-up report by a Whole Foods employee that several customers were complaining that a white male—later identified as appellant—was aggressively panhandling at the storefront near the outside produce display area. Clawson approached appellant, who was holding a baseball cap, turned upside down, and was sitting down with his back against a produce display. Clawson identified himself as a security officer and displayed his company issued badge. He told appellant he had received complaints about appellant’s aggressive panhandling, and asked him to leave. Whole Foods did not allow panhandling in front of its stores, and Clawson regularly dealt with panhandlers at the store. Appellant told Clawson to “jump off a fucking cliff,” and also said, “Fuck you asshole. I don’t have to do anything that you tell me.” As Clawson continued to ask appellant to leave, appellant became increasingly angry. Appellant stood up and entered the store despite being told not to enter, and demanded to speak to the manager. Clawson followed appellant into the store and called the mall’s security guard, James Stryker, for assistance. Stryker arrived in full uniform, received a briefing from Clawson, and contacted appellant by the cash registers. Appellant was still “yelling profanities” and demanding to speak with the manager. Stryker and Clawson repeatedly warned appellant that he needed to leave or face arrest for trespassing. Appellant continued to shout profanities at Clawson and Stryker. After being told more than ten times to leave, appellant left the store and walked toward the outside produce displays where he had previously been sitting. Because this area was still within the property boundary of the store, Stryker and Clawson told appellant that he had to leave the store’s property and not return. At that point, appellant pulled out a small folding knife from his fanny pack, opened it, and said, “Well how about I just pull this knife out and fucking stab you with it.” He then stated, “Or I could just find you in a dark alley somewhere and slit your throat.” Appellant took a step forward with the knife raised in his hand. Clawson feared