People v. Oicles CA6

I. BACKGROUND

The facts recounted below are drawn from the record, including the evidence presented at trial, which is viewed in the light most favorable to the verdict. (See People v. Banks (2015) 61 Cal.4th 788, 795.) In November 2017, Oicles was charged with six offenses. The first charge was stalking S.D., a colleague from work, between March 2017 and November 2017. (To protect the privacy of the victim, we use initials to refer to her. (Cal. Rules of Court, rule 8.90(b)(4).) Oicles also was charged with making a criminal threat against S.D. on or about November 22, 2017. Finally, Oicles was charged with unlawful possession of a controlled substances while armed, manufacturing a controlled substance, and two counts of possession of an assault weapon. Before trial, Oicles moved to sever the drug and weapons charges from the stalking and criminal threats charges. After a hearing, the trial court denied the motion. Observing that the police discovered the evidence underlying the drug and weapons charges in serving a protective order on Mr. Oicles related to the stalking and criminal threat charges, the trial court reasoned that all the charges against Oicles in the second trial…