P. v. Ringo

Filed 2/7/07  P. v. Ringo CA1/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIRST APPELLATE DISTRICT

DIVISION THREE

            Michael Ringo appeals the judgment of conviction imposed following a jury trial on three counts of murder and other offenses.  Ringo contends the joinder of the three murder counts in a single trial was an abuse of discretion which denied him due process and a fair trial.  Ringo also contends the case must be remanded because the trial court applied incorrect standards and procedures in evaluating his Wheeler/Batson[1] motions.  We shall affirm.

PROCEDURAL BACKGROUND

            In an amended information filed on October 29, 2004, Ringo and his co-defendant, Cory Jenkins, were charged as follows:  count one (Ringo)--murder of  Eugene Lavell Smith on or about August 4, 2000 (Penal Code section 187, subdivision (a)[2]); count two (Ringo)--possession of a firearm by a felon on or about August 4, 2000 (section 12021, subdivision (a)(1)); count three (Ringo & Jenkins)--murder of Dwight Garland on or about August 16, 2000; count four (Ringo)--possession of a firearm by a felon on or about August 16, 2000; count five (Ringo & Jenkins)--attempted second degree robbery of Jerry Kent on or about August 16, 2000 (section 211); count six (Ringo & Jenkins)--attempted second degree robbery of Lenora Thomas on or about August 16, 2000; count seven (Ringo & Jenkins)--attempted second degree robbery of Tammy Ford on or about August 16, 2000; count eight (Ringo)--murder of Nicholas Espinoza on or about September 10, 2000; count nine (Ringo)--possession of firearm by a felon on or about September 10, 2000; count ten (Ringo)--evading an officer on or about September 16, 2000 (Vehicle Code section 2800.2, subdivision (a)).  In relation to the murder and attempted robbery counts against Ringo, the amended information also carried various use of firearm allegations and the special allegations he committed more than one offense of murder and committed murder while an accomplice to robbery.

            Before trial, the court granted Ringo's motion to sever his trial from that of co-defendant Jenkins.  However, the trial court denied Ringo's motion to sever the murder counts.  Jury selection took place between October 14 and October 21, 2004.  During jury selection, the trial court denied Ringo's Wheeler/Batson motions with respect to the prosecution's peremptory challenges against two African-American prospective jurors, Darlene  B. and Charlotte  A.  The trial began on October 25, 2004.  The jury began its deliberations on the late afternoon of November 17, 2004.  The jury returned a verdict on November 23, 2004. 

            The jury deadlocked eleven to one on counts one (first degree murder of Eugene Smith), five, six, and seven (attempted robbery during the course of the murder of Dwight Garland), and the trial court declared a mistrial as to those counts.  As to count one, the jury was deadlocked on the issue of whether the offense was second degree murder or manslaughter.  The jury found Ringo guilty of the first degree murders of Dwight Garland (count 3) and Nicholas Espinosa (count 8).  The jury also found Ringo guilty on counts two, four, nine (felon in possession of firearm), and count ten (evading a police officer).  Ringo was sentenced on January 14, 2005.  The trial court imposed a term of life in prison without possibility of parole for the murder of Dwight Garland and a similar consecutive term for the murder of Nicholas Espinoza. 

DISCUSSION

I           Severance

            A.        The Three Murders

            Dwight Garland

            Lenora Thomas identified Ringo as the shooter in the murder of Dwight Garland.  Thomas testified that on the night of August 16, 2000, she was chatting on her front porch with a neighbor, Tammy Ford, Jerry Kent, and the victim, Dwight Garland, who was Ford's cousin.  Two men entered the parking lot and walked up to the porch.  One of the men, Ringo, pulled out a gun and said, â€