P. v. Hammontree
Filed 8/23/06 P. v. Hammontree CA2/4
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 FOUR
THE PEOPLE, Plaintiff and Respondent, v. RICKY H. HAMMONTREE, Defendant and Appellant. | B181122 (Los Angeles County Super. Ct. No. MA027414) |
APPEAL from a judgment of the Superior Court of Los Angeles County, Carol S. Koppel, Judge. Affirmed.
Nancy J. King, 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, Victoria B. Wilson and Herbert S. Tetef, Deputy Attorneys General, for Plaintiff and Respondent.
RELEVANT PROCEDURAL HISTORY
On July 4, 2004, an information was filed against appellant Ricky Hammontree, charging him in count 1 with the willful, deliberate, and premeditated murder of Cody Francois (Pen. Code, § 187, subd. (a)),[1] and in count 2 with possession of a firearm as a felon (§ 12021, subd. (a)(1)). The information further alleged under count 1 that appellant had personally used a firearm (§ 12022.53, subds. (b), (c), (d)), and under both counts that the offense had been committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)). In addition, it alleged that appellant had suffered two felony convictions in Nevada falling within the scope of the â€