P. v. Alford

Filed 1/17/07  P. v. Alford CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

            APPEAL from the Superior Court of Riverside County.  John J. Ryan, Judge.  (Retired Judge of the Orange Sup. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.).  Affirmed with directions.

            John E. Edwards, under appointment by the Court of Appeal, for Defendant and Appellant.

            Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Robert M. Foster, Deputy Attorney General, and Peter Quon, Jr., Supervising Deputy Attorney General, for Plaintiff and Respondent.

A jury convicted Justin Alford of involuntary manslaughter (Pen. Code, § 192, subd. (b)), during which he used a firearm.  (Pen. Code, §12022.5, subd. (a).)^[1]  He was sentenced to prison for seven years and appeals, claiming the trial court erroneously excluded certain evidence.  We reject his contention and affirm, while directing the trial court to make a notation on the verdict form and amend the abstract of judgement.

Facts

            On May 16, 2003, the victim's girlfriend and defendant's half sister were fighting down the street from where the victim lived and defendant often stayed.  The victim, defendant's sister, and cousin were at the fight scene.  Defendant arrived and exchanged words with the victim, who had just assaulted defendant's sister.  When defendant pulled out a gun, the victim turned away from him and ran up the street.  Defendant chased and shot at the victim, who went over a fence and came out on a side street, and jumped another fence.  The victim fell to the ground and asked defendant not to shoot him anymore, saying he was sorry.  Defendant stood over and yelled at the victim.  The victim died the next day of injuries from a bullet that entered his back and damaged his abdominal organs.  He had also been shot in the right hip.

Issue and Discussion

            Defendant contends his conviction should be reversed because the trial court erroneously excluded four pieces of evidence which would have supported his claim of self-defense.  We disagree.

            According to defendant's statement of facts in his opening brief, his sister, who had been friends with the victim before May, 2003,^[2] testified that the victim carried a gun everywhere he went, he always carried one in his car and he was a bully.  Shortly before the killing, the victim showed defendant a gun he had in the waistband of his pants, telling defendant he would get him later.  During the fight between defendant's half sister and the victim's girlfriend, the victim told defendant's sister and cousin not to intervene or he would â€