People v. Wilbur CA2/5 Filed

I. INTRODUCTION

Defendant, Scott Edward Wilbur, appeals from a judgment of conviction of deadly weapon assault in violation of Penal Code1 section 245, subdivision (a)(1). Defendant admitted the truth of prior conviction and prison term allegations within the meaning of sections 667, subdivisions (a)(1) and (d), 1170.12, subdivision (b) and 667.5, subdivision (b) respectively. The trial court struck the allegation under sections 667, subdivision (d), and 1170.12, subdivision (b). Defendant was sentenced to seven years in state prison. We affirm the judgment.

II. THE EVIDENCE

On March 4, 2014, defendant’s roommate, Warren Steel, was expecting a visiting nurse, Lilit Mirakian. Mr. Steel asked defendant to “tidy up,” to put on a shirt and look presentable. Mr. Steel also moved some of defendant’s belongings from the dining room table. Defendant was “upset” and the two men argued. After Ms. Mirakian arrived, Mr. Steel and Ms. Mirakian sat at the dining room table. Defendant came to the dining room doorway and attempted to speak to Mr. Steel. Mr. Steel told defendant, “We’ll talk after my nurse leaves.” Ms. Mirakian testified that the two men sounded “a little bit” angry. Defendant…