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People v. Brooks

California Court of Appeals, Third District, Sacramento
Jul 16, 2008
No. C055696 (Cal. Ct. App. Jul. 16, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. DONJA RAYQUON BROOKS, Defendant and Appellant. C055696 California Court of Appeal, Third District, Sacramento July 16, 2008

NOT TO BE PUBLISHED

Super. Ct. No. 05F09041

RAYE, J.

A jury convicted defendant Donja Rayquon Brooks of assault with a semiautomatic firearm (Pen. Code, § 245, subd. (b)) with an enhancement for personal use of a firearm (Pen. Code, § 12022.5, subds. (a), (d)), possession of a firearm by a convicted felon (Pen. Code, § 12021, subd. (a)(1)), and misdemeanor child endangerment (Pen. Code, § 273a, subd. (b)). The court sustained two enhancements for prior prison terms and sentenced defendant to 15 years in prison. Additionally, the court imposed various fines and fees, and awarded custody credits.

Myisha Smith, defendant’s estranged wife, asked him to babysit her four children, two of whom were defendant’s, so she could go on a date with her boyfriend, Tone. Defendant agreed and went to Smith’s residence.

Smith went to her bedroom to get ready. Defendant followed, asked where she was going, then started “to play and fiddle” with Smith and tried to take off her clothes. Defendant asked Smith to have sex with him and accused her of being a prostitute, which she denied. Smith’s boyfriend called, but defendant took her cell phone and put it in his pocket.

Defendant stopped making sexual advances and the two argued for about an hour. Smith was sitting on the bed when defendant took a gun from his waistband and “pulled the top of it back.” Defendant again accused Smith of lying, walked over to her, and pointed the gun at her stomach.

Smith asked if defendant was going to do this in front of his children. Their 12-year-old daughter opened the door and said, “daddy, no.” Defendant turned around and told her: “[S]hut the fuck up. Go lay the fuck down, [D.].” A woman named Kassandra then came in and took the girl away.

Defendant’s cousin poked her head through the window and told Smith her guest had arrived. Defendant pointed the gun at the window and told his cousin to “shut up and get out the window,” so she stepped away. Tone then poked his head through the window and asked what was happening. Defendant told him to come inside the house and talk to him.

After Tone entered the room, defendant accused him of turning Smith into a prostitute. He pointed the gun at Tone’s foot and fired once, but Tone jumped away. Defendant threatened to kill them both and walked Smith and Tone out to the balcony.

At that point, Larry, a mutual friend of Smith and defendant, arrived and ran up the stairs, asking defendant what he was doing. As Larry spoke to defendant, Smith escaped by running down the stairs, jumping over the end of the banister, and going to a friend’s house in the next block.

Defendant appeals.

We appointed counsel to represent defendant on appeal. Counsel filed an opening brief setting forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant. Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.

DISPOSITION

The judgment is affirmed.

We concur: SIMS, Acting P.J., HULL, J.


Summaries of

People v. Brooks

California Court of Appeals, Third District, Sacramento
Jul 16, 2008
No. C055696 (Cal. Ct. App. Jul. 16, 2008)
Case details for

People v. Brooks

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. DONJA RAYQUON BROOKS, Defendant…

Court:California Court of Appeals, Third District, Sacramento

Date published: Jul 16, 2008

Citations

No. C055696 (Cal. Ct. App. Jul. 16, 2008)