People v. Wilson CA4/1
D069709
| Cal. Ct. App. | Aug 26, 2016Background
- In January 2015 police responded to a shots-fired call; officers stopped a dark-tinted SUV leaving the scene.
- Occupants were removed one at a time; Ronzell Wilson was seated in the third row with a black shoulder bag.
- Officer Severson moved the bag and discovered a gun with an extended 40-round magazine loaded with 37 rounds.
- Gunshot-residue testing showed a unique particle on Wilson but not on the other occupants; Wilson denied the bag/gun was his.
- A jury convicted Wilson of possessing an assault weapon (Pen. Code § 30605(a)) and having a concealed firearm in a vehicle (Pen. Code § 25400(a)(3)).
- The trial court sentenced Wilson to three years formal probation, 90 days in jail, fines/fees, and probation conditions including bans on installing "kill switches" and erasing social media accounts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to support convictions | People: evidence (gun in bag, residue on Wilson) supports conviction | Wilson: denied ownership of the bag/gun; challenged sufficiency | Court: evidence sufficient; no arguable issue found |
| Counsel ineffective for not objecting to jury handling exhibits during deliberations | People: handling did not produce reversible error; proper procedures followed | Wilson: counsel should have objected to manipulation of gun/magazine in deliberations | Court: no reasonably arguable claim of ineffective assistance on record |
| Probation electronic-search conditions overbroad/vague | People: conditions valid as imposed | Wilson: conditions (no kill switches; no erasing social media) unconstitutionally overbroad/vague | Court: independent review found no reasonably arguable constitutional issue |
Key Cases Cited
- People v. Wende, 25 Cal.3d 436 (requires independent appellate review when appellate counsel files a no-issue brief)
- Anders v. California, 386 U.S. 738 (establishes procedures when counsel seeks to withdraw on grounds appeal is frivolous)
