P. v. Bates
Filed 8/25/06 P. v. Bates CA1/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIRST APPELLATE DISTRICT
DIVISION TWO
| THE PEOPLE, Plaintiff and Respondent, v. WILLIE J. BATES, Defendant and Appellant. | A110649 (Solano County Super. Ct. No. VCR174019) |
A jury convicted defendant of voluntary manslaughter (Pen. Code, § 192, subd. (a))[1] and found that he personally used a firearm within the meaning of section 12022.5. Defendant contends that the trial court committed instructional error and an abuse of discretion when sentencing him to the middle term and when calculating the restitution. We are unpersuaded by defendant's arguments and affirm the judgment.
BACKGROUND
On November 3, 2004, an information charged defendant with murder (§ 187, subd. (a)), a serious felony within the meaning of section 1192.7, subdivision (c). The information further alleged that defendant personally used a firearm, causing death within the meaning of section 12022.53, subdivision (d). Defendant pleaded not guilty and the case proceeded to a jury trial.
The Prosecution
The victim, Troy Brown, and defendant lived in the same apartment building. On June 29, 2004, another tenant of this building, Vanessa S., called the police because she smelled crack cocaine emanating from Brown's apartment. The officer knocked on Brown's apartment door; a female answered. The officer did not smell any drugs and he started to leave. As he was leaving, defendant, who was on the top landing of a stairwell, â€
