People v. Wesson CA5

Filed 6/27/24 P. v. Wesson CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F086913 Plaintiff and Respondent, (Super. Ct. No. BF188991A) v.

DARNELL WESSON, JR., OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Judith K. Dulcich, Judge. Ross Thomas, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Smith, J. and Snauffer, J.

STATEMENT OF APPEALABILITY This appeal is from a judgment of conviction following a jury trial which disposed of all issues between the parties and is authorized by Penal Code section 1237.1 STATEMENT OF THE CASE On March 8, 2022, an information was filed in Kern County Superior Court charging Wesson with felony arson (§ 451, subd. (d); count 1); felony possession or use of a flammable or combustible substance (§ 453, subd. (a); count 2); misdemeanor failure to register as an arson offender (§ 457.1; count 3); and misdemeanor resisting a peace officer (§ 148, subd. (a)(1); count 4). It was alleged in counts 1 and 2 that Wesson had previously suffered a serious felony conviction within the meaning of section 667, subdivisions (c)-(j) and section 1170.12, subdivisions (a) through (e). It was alleged in count 1 that Wesson had previously suffered an arson conviction within the meaning of section 451.1, subdivision (a)(1). It was also alleged in count 1 that Wesson had previously suffered a serious felony conviction within the meaning of section 667, subdivision (a). He pleaded not guilty to the charges and denied the allegations on March 14, 2022. On March 1, 2023, Wesson exercised his right to represent himself at trial. Wesson’s jury trial commenced on August 17, 2023. During trial, Wesson called no witnesses and chose not to testify on his own behalf. At the outset of the proceeding, the court bifurcated trial on the prior conviction allegations. The jury returned its verdicts on August 23, 2023, finding Wesson guilty on all counts. Thereafter, it found he had previously suffered the serious felony conviction