P. v. Gonzalez

Filed 3/20/06 P. v. Gonzalez CA2/4

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

SECOND APPELLATE DISTRICT

DIVISION FOUR

APPEAL from a judgment of the Superior Court of Los Angeles County, Robert J. Perry, Judge. Affirmed.

Randy S. Kravis for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Mary Sanchez and Theresa A. Patterson, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant Felipe Gonzalez appeals from a judgment of conviction for second degree murder (Pen. Code, § 187, subd. (a))[1] on the ground that the jury's verdict finding appellant to be sane was not supported by substantial evidence. We conclude that substantial evidence supports the finding and we affirm.

FACTS

Jesse Lopez, his siblings and his mother, Antonia Santana, lived in the home of appellant and his mother, Camerina Gonzalez. On April 30, 2003, around 9:00 p.m., while Lopez, his younger brother Rudy Santana, and their mother were watching television in their bedroom, they heard two gun shots. Immediately after the second shot, appellant kicked in their bedroom door and shot his cousin Lopez multiple times, causing death. Appellant was charged with the murder of Lopez and entered a plea of not guilty by reason of insanity. His first trial resulted in a mistrial and he was retried.

During the guilt phase of his second trial, it was established that the day before the shooting appellant had replaced the door to his aunt Antonia's bedroom with another one which did not fit properly. His aunt mentioned this to appellant's mother who angrily scolded appellant and told him to return the door to its rightful place. Appellant told her that extraterrestrials had told him to change the door and he refused to replace it. Thus, Antonia's son Lopez put the original door back.

Appellant's mother, his brother Pedro Gonzalez, and Lopez's brother, Rudy, testified that appellant and Lopez had no animosity toward each other.

Detective Scott Smith interviewed appellant on May 1, 2003, the day after the shooting. Appellant said that at around 5:00 or 6:00 p.m. on the day of the shooting he heard his cousin Lopez talking to some people outside their home. Later in the evening, around 9:00 p.m., appellant hitched a ride to a friend's house in the San Gabriel Valley. He only learned about the shooting when his friend told him about it. At that point he suggested that Lopez had been killed because of a bad drug deal. Appellant also confirmed that he had used methamphetamine in the past and that he had used drugs about a week before this interview.

Numerous relatives and a friend of appellant's testified to various incidents of bizarre behavior by appellant occurring in the months before the shooting. On occasion appellant would crow like a rooster when he heard voices telling him to scream and jump. On other occasions appellant would refer to himself as God, part of God or Jesus Christ. Appellant told relatives that the sun was following him and that he thought the government was utilizing satellites, helicopters and the television to try and steal his intelligence. He also said he was able to speak with the satellites and through the television to others. He was convinced that extraterrestrials were coming to take him. Appellant also burned books and interior parts from a computer while saying: â€