People v. Wilcox CA3

Filed 3/2/21 P. v. Wilcox CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Butte) ----

THE PEOPLE, C089663

Plaintiff and Respondent, (Super. Ct. Nos. 17CF04579, 18CF04316) v.

EARL BYRON WILCOX III,

Defendant and Appellant.

Appointed counsel for defendant Earl Byron Wilcox III filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) After examining the record, we conclude the trial court erred in staying the mandatory assessments on one of defendant’s convictions, and that errors in the abstract of judgment related to the court operations and court facilities assessments must be corrected. We shall modify the judgment accordingly and direct the clerk to prepare an amended abstract of judgment correcting the identified errors. We find no other arguable

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error that would result in a disposition more favorable to defendant and affirm the judgment as modified. FACTUAL AND PROCEDURAL BACKGROUND Butte County Case No. 17CF04579 (the assault case) In September 2017 defendant was charged in Butte County case No. 17CF04579 with two counts of assault with a deadly weapon against D.C. and D.C.’s son, respectively (Pen. Code, § 245, subd. (a)(1)),1 vandalism with over $400 in damage (§ 594, subd. (a)), and misdemeanor exhibiting a deadly weapon (§ 417, subd. (a)(1)). Defendant pleaded not guilty and was released on bail. Butte County Case No. 18CF04316 (the domestic violence case) In July 2018 defendant was charged in Butte County case No. 18CF04316 with injuring V.C., a spouse or cohabitant (§ 273.5, subd. (a)) while released on bail in the assault case (§ 12022.1), and with exhibiting a deadly weapon (§ 471, subd. (a)(1)). The court granted a criminal protective order pursuant to section 136.2 protecting V.C. from any contact with defendant. Defendant pleaded not guilty. He was released on his own recognizance. Motion to Consolidate In September 2018 the prosecutor moved to consolidate the assault case and the domestic violence case, as well as a third case, Butte County case No. 18CM04920 (the battery case). The court granted the motion, and the prosecutor filed a consolidated information in December 2018. The consolidated information alleged that on July 10, 2017, defendant assaulted D.C. with a deadly weapon, a metal bar (§ 245, subd. (a)(1), count 1), assaulted D.C.’s son with a deadly weapon, a metal bar (§ 245, subd. (a)(1), count 2), vandalized another’s