P. v. Plasencia

Filed 6/21/06 P. v. Plasencia CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

APPEAL from the Superior Court of Riverside County. W. Charles Morgan, Judge. Affirmed.

Law Office of E. Thomas Dunn, Jr., and E. Thomas Dunn, Jr., for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Ronald A. Jakob, Ivy Fitzpatrick, and Scott C. Taylor, Deputy Attorneys General, for Plaintiff and Respondent.

Two men were in a car at an intersection, waiting for the light to change, when someone in a mini-pickup truck pulled up next to them, fired repeatedly into their car, and then sped away. The victims, although wounded, fortunately survived.

The main issue at trial was identity. Defendant now contends:

1. There was insufficient evidence that defendant was the shooter.

2. The trial court's response to a question from the jury erroneously coerced a verdict on the enhancements.

3. Defense counsel rendered ineffective assistance by not retaining certain experts and not calling certain witnesses.

We find no prejudicial error. Hence, we will affirm.

I

FACTUAL BACKGROUND

On October 5, 2002, between 4:00 and 5:00 p.m., Wilfred Campbell was driving his Mitsubishi Galant. His friend Chet Johnson was with him. Both Campbell and Johnson were Black.

They were going west on 14th Street when they stopped for a red light at Howard Avenue. They were in the fast lane. A mini-pickup truck pulled up on their left, in the left-turn lane. There were two people in it, a driver and a passenger. One of the people in the pickup put his arm, holding a gun, out of the passenger-side window and fired multiple shots. The pickup then sped away.

Three bullets struck Campbell ‑‑ one grazed his face, and two entered his left arm. Johnson's left leg was grazed, and his right leg was hit. Six bullets hit the driver's side of the car. Seven shell casings were found at the scene, all fired from the same gun.

Campbell testified that defendant's pickup was â€