People v. Keever CA5

INTRODUCTION

Appellant/defendant Terry Paul Keever was charged and convicted of a felony violation of Penal Code1 section 148.1, subdivision (d), unlawfully and willfully sending or causing to be sent a false bomb. He was sentenced to the second strike term of 10 years. The conviction was based on an incident where a fake bomb was found outside the Tuolumne County Courthouse. Defendant’s DNA was found on the black electrical tape wrapped around the device. On appeal, defendant contends his constitutional rights to due process and a fair trial were violated because the trial judge, prosecutor, bailiff, court reporter, and court clerk were “victims” of the fake bomb, and the evacuation of the same courthouse where he was tried. He also contends that every resident of Tuolumne County was a victim of fear engendered by the fake bomb, which meant the jurors selected in his case were victims of the charged offense. As we will explain, defendant failed to move for a change of venue or make any of the objections he now raises on appeal, and there is no evidence to support any of his contentions. We affirm.

FACTS

Discovery of the false bomb On November 28, 2011, Charles Combs worked for…