People v. Bailey CA4/3

Filed 6/14/23 P. v. Bailey CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G061344

v. (Super. Ct. No. 21NF1270)

MICHAEL ANTHONY BAILEY, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Lance P. Jensen, Judge. Affirmed. Heather E. Shallenberger, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters and Charles C. Ragland, Assistant Attorneys General, Daniel Rodgers and Amanda Lloyd, Deputy Attorneys General, for Plaintiff and Respondent. * * *

Michael A. Bailey appeals from a seven-year sentence following his convictions for felony criminal threat and misdemeanor brandishing a deadly weapon. He contends his convictions must be reversed because the trial court abused its discretion in admitting evidence of a prior uncharged incident. As discussed below, we find no abuse of discretion and accordingly, affirm. I FACTUAL AND PROCEDURAL BACKGROUND A. Witness Testimony Jenise C. testified that on the morning of April 9, 2021, she and her husband Kevin C. were checking out of a motel in Buena Park. They were staying in a room on the second story adjacent to the stairs, and their pickup truck was parked almost directly below their room. That morning, as Jenise was moving her belongings to the truck, she encountered appellant, who came out of a room at the bottom of the staircase. Appellant asked Jenise “why we were parked next to his vehicle in his parking lot.” Jenise responded that they “were loading up to leave and it is not your parking lot.” Appellant then cursed at Jenise, calling her a “white whore and a white bitch and basically telling me that I didn’t belong there.” Jenise continued walking to the truck, and moments later her husband Kevin came with a suitcase. After Jenise arrived at the truck, she turned around and saw appellant holding an 18- to 24-inch machete with the blade enclosed in a sheathe. Appellant said he was a “black nigger from the . . . Chicago hood and he wasn’t afraid to cut people,” and repeatedly told Jenise, “I will cut you, bitch.” Jenise turned to her husband, who was loading suitcases, and told him, “Get in the car; we need to leave.” After Jenise and her husband got into their truck, she observed appellant approaching the vehicle and “raising the machete at me.” She described the raising motion as lifting the machete chest-high before letting it fall to the ground. Jenise was terrified because appellant was saying he was going to cut her. She told her husband to get out of the