Opinion
A132080
12-07-2011
THE PEOPLE, Plaintiff and Respondent, v. TREVOR PERKINS, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(San Francisco County Super. Ct. No. 207831)
Defendant Trevor Perkins appeals after his probation was revoked and he was sentenced to prison. His counsel has filed an opening brief raising no issues and asking this court for an independent review of the record. (People v. Wende (1979) 25 Cal.3d 436.) Defendant has been informed of his right to personally file a supplemental brief, but he has not done so.
Defendant was charged in January 2009, with sale of a controlled substance (Health & Saf. Code, § 11352, subd. (a)) (count one), and manufacturing or importing for sale or offering for sale a weapon, not a firearm, specifically a collapsible baton (Pen. Code, § 12020, subd. (a)(1) (count two). The complaint included a prior strike allegation (§§ 667, subds. (d) & (e), 1170.12, subds. (b) & (c)) and a prior prison term allegation (§ 667.5, subd. (b)). In February 2009, defendant pled guilty to count one, and count two was dismissed. The court suspended imposition of sentence and placed defendant on three years probation. Among his terms of probation was the requirement that he obey all laws.
All undesignated statutory references are to the Penal Code.
Defendant admitted probation violations in May 2009, after he was arrested for carrying a concealed dirk or dagger (§ 12020, subd. (a)(4)) and jaywalking; in August 2009, after he failed to complete a court-ordered program; and in January 2010, after he was arrested for making criminal threats (§ 422), false imprisonment (§ 236), and domestic violence (§ 273.5). On each occasion, his probation was reinstated and a jail term imposed.
The District Attorney moved to revoke defendant's probation on October 26, 2010, after an incident in which defendant was arrested for making criminal threats. (§ 422.) At the contested hearing on the motion, John Terrell, a handyman, testified that on October 23, 2010, he was picking up scaffolding and putting it on his truck. He saw defendant standing in the middle of the street, pacing back and forth as traffic went by. Defendant came close to Terrell and screamed at him, "Don't look at me." He continued shouting, " 'Motherfucker, don't look at me, what you looking at me for? What you looking at me for? You are looking at me.' " He said to Terrell, " 'Nigger, my name is Trevor. I am with the BFG, Black Gorilla [sic] Family. Motherfucker, I'll kill you. What you looking at me for, what you looking at me for.' " Terrell told defendant he was just trying to work, and that he was not bothering or looking at defendant. Defendant pulled a gun out of his waistband, held it to Terrell's temple, and said he would kill Terrell. Terrell opened the door of his truck and picked up a hammer to defend himself. Defendant backed off, and Terrell backed away from defendant. He saw a piece of pipe fall out from under defendant's clothes. Terrell turned and ran, and defendant picked up the pipe.
Terrell did not know whether the gun was real or fake.
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Defendant testified that he saw Terrell staring at him as if defendant were going to steal something. He went up to Terrell, asked why Terrell was looking at him, and said he was not going to steal anything. Terrell said, "Man, check this out," pulled a hammer out of his truck, and raised it toward defendant's head as if to hit him with it. Defendant backed up, raised his shirt, showed Terrell his BB gun, and pointed the BB gun down the street, before walking away.
The trial court found defendant in willful violation of his probation. It found him an unsuitable candidate for probation, and sentenced him to the upper term of five years (Health & Saf. Code, § 11352, subd. (a)), citing as a mitigating factor that he had admitted guilt at an early stage (Cal. Rules of Court, rule 4.423(b)(3)), and as factors in aggravation that he had a lengthy criminal record and that the offense in question was more serious than earlier crimes, that he had served prior prison terms, and that his prior performance on parole had been poor (Cal. Rules of Court, rule 4.421(b)(2), (3), & (5)). The court awarded 784 days custody and conduct credits.
There are no meritorious issues to be argued.
DISPOSITION
The judgment is affirmed.
RIVERA, J.
We concur:
RUVOLO, P. J.
REARDON, J.