P. v. Ventura
Filed 3/21/06 P. v. Ventura 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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. HERBY M. VENTURA, Defendant and Appellant. | B181577 (Los Angeles County Super. Ct. No. NA063319) |
APPEAL from a judgment of the Superior Court of Los Angeles County, William R. Chidsey, Jr., Judge. Affirmed.
Solomon Wollack, 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, Assistant Attorney General, Margaret E. Maxwell and Daniel C. Chang, Deputy Attorneys General, for Plaintiff and Respondent.
Herby M. Ventura appeals from judgment entered following a jury trial in which he was convicted of assault with a firearm (Pen. Code, § 245, subd. (a)(2)), possession of a firearm by a felon (Pen. Code, § 12021, subd. (a)(1)) and the finding by the court that he suffered three prior felony convictions within the meaning of Penal Code sections 1170.12, subdivisions (a) through (d) and 667, subdivisions (b) through (i). Sentenced to prison for 26 years to life, he contends the trial court committed reversible error by failing to instruct the jury that evidence of a defendant's admission should be viewed with caution. For reasons explained in the opinion, we affirm the judgment.
PROCEDURAL AND FACTUAL SUMMARY
On October 15, 2004, Nathaniel Ford spent the night at the apartment of Rhoshanda Williams-Ventura. The next morning after taking a shower and while sitting on her bed, he heard appellant knock on the door and Ms. Williams-Ventura open it. He heard appellant say he had to go to the bathroom. When Ms. Williams-Ventura said someone was in there, appellant just opened the door and walked into the bedroom. Mr. Ford dropped his towel and appellant pulled a gun out and said, â€
