P. v. Lanning
Filed 6/20/06 P. v. Lanning CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
THIRD APPELLATE DISTRICT
(Siskiyou)
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| THE PEOPLE, Plaintiff and Respondent, v. JOHN PHILLIP LANNING, Defendant and Appellant. | C050181
(Super. Ct. No. YKCRBF 041328)
|
A jury convicted defendant John Phillip Lanning of assault with a deadly weapon, to wit, a baseball bat (Pen. Code § 245, subd. (a)(1)).[1]
After defendant admitted having suffered a prior serious felony conviction within the meaning of the three strikes law (§ 667, subd. (a)(1)), the trial court sentenced him to a total of 11 years in state prison.
Defendant appeals, claiming that the trial court erroneously gave jury instructions on the right of an occupant to evict a trespasser and failed adequately to respond to the jury's request for clarification of the instructions. We shall affirm.
FACTUAL BACKGROUND
In May 2004, Melissa Renfro, who was pregnant with defendant's child, traveled with defendant from Oregon to Yreka. They stayed at the residence of Renfro's grandmother, Margie Willett. Willett's adult son, Henry Matlock, lived with her. During the summer, he slept in the garage because of the heat.
After residing in the Willett house for three weeks, Renfro and defendant moved into a room at the Ben-Ber Hotel.[2] There, they befriended Claude Freedle and his girlfriend Melinda Nakamura, who worked at the Ben-Ber.
Renfro gave birth on July 1; the next day she and defendant left the hospital and returned to the Ben-Ber. That evening, defendant and Freedle decided to go to a bar at the Montague Hotel. They spent approximately five hours there, drinking and playing pool. They left when Nakamura called Freedle and told him to come home.
On the way home, defendant told Freedle he needed to stop at the Willett house to borrow $20 from his uncle. Defendant parked in the driveway and entered the side door of the garage where Matlock slept. A short time later, Freedle heard a male voice yelling â€
