P. v. Dozier

Filed 8/30/06 P. v. Dozier CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIFTH APPELLATE DISTRICT

THE COURT^*

APPEAL from a judgment of the Superior Court of Fresno County. Gary Hoff, Judge.

Linda Buchser, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, John G. McLean and George M. Hendrickson, Deputy Attorneys General, for Plaintiff and Respondent.

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Lester Dozier, Jr. (appellant) appeals from a judgment finding him guilty of attempted voluntary manslaughter with the personal use of a firearm, shooting at an occupied motor vehicle, and assault with a semiautomatic firearm with the personal use of a firearm. On review we will affirm the judgment and correct a clerical error.

FACTS

On March 5, 2004, at approximately 1:30 a.m., Rebecca Harman called 911 from her cell phone to report that appellant, her ex-boyfriend, had just shot into her burgundy Chevy Tahoe while she was inside. Fresno Police Officer Joseph Ayala was the first to respond at the scene. Ayala testified that Harman stated appellant had called her to request she pick him up from his friend's house, but when she arrived, appellant was not ready to leave. Appellant requested she stay until he was finished playing cards, but she refused and told appellant to call her when he was ready to go. As she began to drive away, appellant fired his gun into the front of her vehicle. She continued driving away and observed two more flashes come from the gun. Officer Ayala testified that his interview of Harman was interrupted several times by appellant calling Harman on her cell phone. She stated that appellant was calling to find out if she had called the police and if he was going to jail.

Harman was also interviewed by Fresno Police Officer John Viveros. Officer Viveros confirmed that Harman stated she was in her vehicle when appellant shot at it. She told Viveros that appellant had fired several shots at her vehicle while she was driving away. About 45 minutes after he was arrested, appellant was taken to police headquarters where Officer Viveros questioned him further. After the interview, while Viveros was placing him in a holding cell, appellant asked, â€