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P. v. Jenkins

P. v. Jenkins
05:29:2006


P. v. Jenkins






Filed 5/15/06 P. v. Jenkins CA2/7





NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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







THE PEOPLE,


Plaintiff and Respondent,


v.


REYNALDO JENKINS,


Defendant and Appellant.


B182601


(Los Angeles County


Super. Ct. No. BA274578-01)


APPEAL from a judgment of the Superior Court of Los Angeles County. Paul Enright, Commissioner. Affirmed.


Alan C. Stern, under appointment by the Court of Appeal, for Defendant and Appellant.


Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Robert F. Katz and Robert M. Snider, Deputy Attorneys General, for Plaintiff and Respondent.


____________________________


A jury found Reynaldo Jenkins guilty of two counts of assault with a firearm and three criminal threat counts. The trial court sentenced him to a term of five years in state prison. Jenkins appeals, claiming the trial court erred in admitting evidence of a prior suicide attempt involving a shotgun. In the alternative, Jenkins argues he received ineffective assistance of counsel for his counsel's failure to seek a limiting instruction at the time the evidence of the prior suicide attempt was admitted. Because the trial court did not abuse its discretion in admitting evidence of Jenkins' prior suicide attempt and Jenkins was not prejudiced by the admission of this evidence in any event, we affirm.


FACTUAL AND PROCEDURAL HISTORY



Background Events:



The Uncharged Seven-Hour Assault on August 3, 2003


Jenkins and his wife, Marla (then 20 years old), were married in 2002 and had a child together the following year. Before marrying Jenkins, Marla had gone to Magic Mountain amusement park with a past boyfriend and classmate named Jessie. On August 3, 2003, at about 11:00 p.m., Jenkins accused Marla of having an affair with Jessie. Jenkins told Marla he was going to kill Jessie and wanted him to â€





Description A decision regarding assault with a firearm and making criminal threat .
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