P. v. Grinstead

Filed 8/20/07 P. v. Grinstead CA2/8

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

APPEAL from a judgment of the Superior Court of Los Angeles County. Eric C. Taylor, Judge. Affirmed.

William Flenniken, Jr., under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

* * * * * *

Donald Wayne Grinstead appeals a judgment following his negotiated plea of no contest to voluntary manslaughter under Penal Code section 192, subdivision (a).^[1]

The prosecution initially filed an information charging appellant with a single count of murder with malice aforethought. ( 187, subd. (a).) Appellant was held to answer that information after a preliminary hearing on May 26, 2006.

The evidence at the preliminary hearing showed that on the afternoon of July 4, 2005, appellant accompanied his girlfriend to her friends home to pick up the girlfriends child. At first, appellant waited in the car while the girlfriend went into the house. Darryn, the friends brother and victim, lived with his sister and was at home.

Appellant got into a verbal confrontation with Darryn. According to the conflicting evidence, appellant went into the house and told his girlfriend either Lets go, because Im gonna to kill that N‑‑‑‑‑ or that he wanted to get the hell away before returning to the car. Darryn attempted to apologize, but appellant would not accept the apology. Appellant told Darryn, Ill beat your butt, to which Darryn responded, Do it. One or more prosecution witnesses testified that appellant got out of the car, took off his shirt and glasses and placed them on top of the car. They saw Darryn swing first at appellant and miss. Appellants girlfriend testified Darryn swung a fist at appellant and appellants glasses flew off. In either case, appellant swung back and hit Darryn, who fell onto the ground. Appellant got on top of Darryn, then hit him multiple times around the face and head with his fist. After the fight was broken up, prosecution witnesses heard appellant proclaim, Thats what happens to B‑‑‑‑ A‑‑ N‑‑‑‑‑‑. Appellants girlfriend stated she heard appellant say, I will kill this M.F. if he put his hands on me again.

After the fight, Darryn was bleeding heavily from a fractured nose. He lost control of his bowels and began to act strangely. About 8:00 p.m., he was admitted to the hospital. The next morning, about 5:00 a.m., Darryn went into cardiac arrest and died.

An autopsy revealed Darryn received multiple injuries to the head and body in the fight, including a fractured skull, and he bled to death as a result of the fractured nose. The nature of the injuries indicated he had received at least five separate blows to the head and face. Cocaine taken by Darryn before the fight may have contributed to his death by raising his blood pressure and causing an irregular heartbeat.

Following the preliminary hearing, appellant pleaded not guilty. He moved to set aside the first degree murder charge on the ground of insufficiency of evidence to show he intended to kill the victim. Pursuant to a negotiated settlement, the prosecution moved to add a second count for voluntary manslaughter ( 192, subd. (a)), appellant pleaded no contest to voluntary manslaughter, and was found guilty by the court on that count. Appellant was sentenced to the midterm of six years in state prison and given credit for 460 days in custody, 400 days in actual custody and a stipulated 60 days in good time/work time. The court imposed a court security assessment of $20 ( 1465.8, subd. (a)(1)), a restitution fine of $200 ( 1202.4, subd. (b)) and a parole restitution fine of $200, such fine to be stayed and the stay to become permanent upon successful completion of parole ( 1202.45). The remaining count for murder was dismissed upon the prosecutions motion under the plea bargain.

In a subsequent hearing, the court ordered appellant to pay stipulated restitution of $4,970.42 to the Victim Compensation and Government Claims Board for the victims funeral and burial costs.

Appellant timely appealed the judgment. We appointed counsel to represent him in this appeal.

After examination of the record, counsel filed an opening brief raising no issues. On May 7, 2007, we advised appellant he had 30 days in which to personally submit any contentions or issues that he wished to be considered. We received no response from appellant.

We have examined the entire record and are satisfied that appellants attorney has fully complied with his responsibilities and that no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259; People v. Wende (1979) 25 Cal.3d 436, 441; People v. Kelly (2006) 40 Cal.4th 106, 123-124.)

DISPOSITION

The judgment is affirmed.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

FLIER, J.

We concur:

RUBIN, Acting P. J.

BOLAND, J.

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^[1] All further statutory references are to the Penal Code.