Filed 12/7/05 P. v. Stevenson CA2/8
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 EIGHT
| THE PEOPLE, Plaintiff and Respondent, v. STEVE STEVENSON, Defendant and Appellant. | B174895 (Los Angeles County Super. Ct. No. GA050725) |
APPEAL from the judgment of the Superior Court of Los Angeles County. Fred J. Fujioka, Judge. Affirmed and remanded.
Doris S. Browning, 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, Senior Assistant Attorney General, Lawrence M. Daniels, and Ryan M. Smith, Deputy Attorney General, for Plaintiff and Respondent.
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Defendant and appellant Steve Stevenson appeals from the judgment entered following a jury trial that resulted in his conviction of second degree murder.[1] He contends the trial court erred by: (1) not giving sua sponte CALJIC No. 8.47; (2) excluding certain evidence; (3) allowing a detective to testify as an expert crime scene reconstructionist; and (4) admitting into evidence crime scene and autopsy photographs. He also argues the errors were cumulatively prejudicial even if found to be individually harmless, and the minute order from defendant's sentencing hearing should be corrected. We remand to the trial court for correction of a clerical error in the minute order and otherwise affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
Viewed in accordance with the usual rules on appeal (People v. Kraft (2000) 23 Cal.4th 978, 1053), the evidence adduced at trial established the following. On August 29, 2002, defendant and Joann Wilczek had been living together in Wilczek's apartment for about six months. They had been arguing about money and Wilczek had asked defendant to move out. At about 1:45 a.m. on August 30, both a neighbor and the apartment manager heard fighting in Wilczek's apartment. The manager advised Wilczek to â€
