P. v. Guest

Filed 4/7/06 P. v. Guest CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

Appeal from a judgment of the Superior Court of Orange County, Francisco P. Briseno, Judge. Affirmed.

Michelle C. Rogers, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Lynne G. McGinnis and Angela M. Borzachillo, Deputy Attorneys General, for Plaintiff and Respondent.

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A jury convicted defendant Frederick L. Guest guilty of second degree murder and found he personally used a knife in committing the offense. He contends the trial court erred by excluding certain defense evidence, commenting on the evidence, and in instructing the jury. Finding no error as to the first and second claims and the trial court's instructional mistake harmless, we affirm the conviction.

FACTS

Defendant and Julie Sangari began living together in 1995. He admitted to twice striking Sangari during their relationship with one incident resulting in a conviction for domestic abuse. After the birth of their second child in early 2000, defendant noticed activity suggesting Sangari had started using drugs. Two witnesses, Patsy Bell, defendant's sister, and Joseph Moraldi, his employer, corroborated defendant's claim Sangari had lost quite a bit of weight.

Craig Wheeler, one of defendant's childhood friends, admitted using drugs with Sangari at the Los Angeles home of a woman named Druesilla, a known drug user. Once in late 2000 or early 2001, when the three of them were using cocaine, Sangari panicked upon hearing a knock at the door and pulled a knife from her purse. Wheeler also testified to occasionally seeing Sangari with the children in the same neighborhood.

Defendant claimed he confronted Sangari about her drug use and contacted her mother and other family members about the problem. They agreed to conduct an intervention about Sangari's drug use. Michael Torricelli, a counselor with a Laguna Beach drug and alcohol treatment facility named Spencer Recovery Center, assisted in arranging and conducting the intervention, which took place on May 20, 2001. Defendant, Sangari's mother, her former husband, Mike Sangari, and six other family members participated in the intervention. The jury heard conflicting testimony about Sangari's attitude about the program. Defendant testified Sangari denied having a drug problem, and expressed anger towards him and her mother, accusing them of working against her. On rebuttal, Torricelli testified that Sangari â€