People v. Wilkins CA2/8 ( 2023 )

Filed 12/26/23 P. v. Wilkins CA2/8
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION EIGHT
THE PEOPLE, B329576
Plaintiff and Respondent, (Los Angeles County
Super. Ct. No. PA095128-01)
v.
OLLIE WILKINS,
Defendant and Appellant.
APPEAL from final judgment of the Superior Court of
Los Angeles County. Hayden Zacky, Judge. Affirmed.
John L. Staley, under appointment by the Court of Appeal,
for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
_____________________________
Defendant Ollie Wilkins appeals from his judgment of
conviction for count 1, assault with intent to commit rape or
sodomy (Penal Code1 § 220, subd. (a)(1)); and count 2, resisting
an executive officer (§ 69). The trial court also found that Wilkins
was previously convicted of four serious felonies which would
qualify as strikes under sections 667, subdivision (d), and
1170.12, subdivision (b). Wilkins’s appellate counsel filed a brief
asking this court to proceed under People v. Wende (1979)
25 Cal.3d 436 (Wende). We affirm.
On August 19, 2020, Brenda P. sat in her car waiting for
her sister to arrive at a gas station parking lot in Sylmar. She
propped open the door with her foot to allow ventilation when
Wilkins approached and asked for a ride. Wilkins asked three
times for a ride, and she refused. Wilkins placed his hand on the
car door, and after his third request, he began groping Brenda P.
as Wilkins pulled open the car door. Wilkins’s torso was inside
the car as Brenda P. sat in the driver seat. Then Wilkins placed
his hands toward Brenda P.’s breast and groin area. As he
touched her breasts, he placed his hands over her clothes before
touching her bare breast. Wilkins tried to kiss Brenda P., and his
lips touched her nose and her face mask. Brenda P. told Wilkins
she was pregnant, and Wilkins backed away for a moment before
continuing to grope her. As he groped her, Wilkins told Brenda
P. that she was going to make him come. During the struggle,
Wilkins made similar comments four to five times at most.
Brenda P. tried to push Wilkins’s hands away, told him not to do
it, and closed her knees to protect her groin. During the struggle,
Wilkins stretched out her t-shirt and ripped her pants, medical
scrubs, on one side. Wilkins ripped Brenda P.’s pants as he
leaned forward and tried to force her to lie down across the driver
1 All statutory references are to the Penal Code.
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seat and the passenger seat. Wilkins then pulled Brenda P. out
of the car as he tried to touch her breasts and pull down her
pants. While outside of the car, Brenda P. screamed and
attempted to get Wilkins’s hands off of her body. Wilkins then
picked up Brenda P. and moved her against her car while he
continued trying to touch her breasts. Thereafter, Wilkins moved
Brenda P. and pressed her against a neighboring car. While
pressing her against this car, Wilkins’s hands groped her
buttocks underneath her clothes, and she pulled his hand away.
At that point, a person approached. When the individual came
forward, Wilkins walked away. A second person also approached
at about the same time. Brenda P.’s sister also arrived thereafter
as well. A surveillance camera recorded the incident, and the
jury viewed the video during trial.
Donuel Stallworth worked at an oil change shop near the
gas station where the incident took place. Stallworth heard cars
honking, and he investigated. He saw a man and a woman
between two cars arguing, and he did not know either of them.
He also heard the woman making noise. Stallworth saw the
woman crying and saw her scrubs were ripped. He also saw the
man groping the woman. When Stallworth approached, the man
said that the woman was his girlfriend. Stallworth told the man
to let the woman go, and the man paused for a second, before
walking away. A second male also approached the scene behind
Stallworth. A woman also arrived at the scene and appeared to
know the woman who had been groped. Police also arrived.
Stephanie P., Brenda P.’s sister, intended to pick up her
dog from Brenda P. at the gas station. When Stephanie P.
arrived, she saw Brenda P. yelling and crying for help. Stephanie
P. also saw a man she did not recognize holding onto Brenda P.
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Brenda P. was trying to get away from the man. The man told
the people gathering to leave them alone. Eventually, Brenda P.
pulled away from the man.
Officer Scott Goodwin, a sergeant with the Los Angeles
Police Department, responded to a radio call with his partner.
When Officer Goodwin arrived at the scene, Wilkins was sitting
on a bench, but Officer Goodwin was unsure if Wilkins was the
suspect he was looking for. Officer Goodwin spoke to people at
the scene, and a male witness directed Goodwin to Wilkins’s
location. Wilkins walked away. Officer Goodwin walked in
pursuit of Wilkins, and identified himself as a police officer when
he was about 50 yards from Wilkins. A police car then pulled
alongside Wilkins as Officer Goodwin followed him on foot.
Wilkins ran away, and Officer Goodwin ran after him. Officer
Goodwin caught up to Wilkins and pushed him in an attempt to
cause Wilkins to lose balance. Wilkins did not fall over, clenched
his fists, and attempted to punch Officer Goodwin. Wilkins’s
punch missed, and Officer Goodwin took down Wilkins. After a
short struggle, officers handcuffed Wilkins. The jury viewed the
video from Officer Goodwin’s body-worn camera.
The jury also heard the parties’ stipulation that a DNA test
established that Wilkins’s DNA was present on Brenda P.’s
breasts and cheek.
The jury returned a guilty verdict on both counts. At
sentencing, Wilkins requested that the trial court strike Wilkins’s
prior felonies for sentencing, consistent with People v. Williams
(1998) 17 Cal.4th 148. The trial court denied the motion with
respect to count 1 and granted it with respect to count 2. On
count 1, the trial court sentenced Wilkins to 25 years to life.
On count 2, the court struck Wilkins’s three prior felonies,
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sentenced Wilkins to the high term of three years, and doubled it
to six years based on the second strike. The court ordered the
sentences to be served concurrently. The court credited Wilkins
with 1,095 days of custody credit, 953 actual days and 142 days of
conduct credits.
Wilkins timely appealed. We appointed appellate counsel
for Wilkins. After an examination of the record, appellate
counsel filed an opening brief which raised no issues and
requested this court conduct an independent review of the record
under Wende, supra, 25 Cal.3d 436. On August 18, 2023, we
advised Wilkins that he had 30 days to submit a supplemental
brief stating any grounds for appeal or arguments he wished for
this court to consider. Wilkins did not submit a supplemental
brief.
We have examined the record and are satisfied Wilkins’s
appellate attorney has fully complied with the responsibilities of
counsel and no arguable issues exist. (People v. Kelly (2006)
40 Cal.4th 106, 119; Wende, supra, 25 Cal.3d at p. 441.)
DISPOSITION
The judgment is affirmed.
VIRAMONTES, J.
WE CONCUR:
STRATTON, P. J.
WILEY, J.
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