Opinion
E068121
01-31-2018
THE PEOPLE, Plaintiff and Respondent, v. DESMOND HAYWARD WALKER, Defendant and Appellant.
Robert V. Vallandigham, Jr., under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super.Ct.No. RIF1600052) OPINION APPEAL from the Superior Court of Riverside County. Mac R. Fisher, Judge. Affirmed. Robert V. Vallandigham, Jr., under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent
A jury found defendant and appellant Desmond Hayward Walker guilty of attempted voluntary manslaughter. (Pen. Code, §§ 664, 192, subd. (a), count 1.) The jury also found that defendant personally inflicted great bodily injury (§ 12022.7, subd. (a)), and that he personally used a firearm during the commission of the offense (§ 12022.5, subd. (a)). The court imposed the midterm of three years on count 1, and the midterms of three years and four years, respectively, on the great bodily injury and firearm enhancements, for a total term of 10 years in state prison. The court awarded 527 days of custody credits.
All further statutory references will be to the Penal Code, unless otherwise noted. --------
Defendant filed a timely appeal. We affirm.
FACTUAL BACKGROUND
The victim testified at trial that he knew defendant and would hang out at with him and his girlfriend at defendant's apartment complex. Defendant's girlfriend loaned her car to the victim for one night so he could use it to go to court the next morning. After he returned it, defendant's girlfriend accused him of causing a tear in the seat. The incident led to defendant and his girlfriend to stop talking to the victim.
Subsequently, the victim went to defendant's apartment complex early one morning to see another friend. The victim was waiting in front of his friend's apartment, when defendant came up behind him and started swinging a golf club at him. The victim dodged the golf club and grabbed it to disarm defendant. The golf club broke in two pieces. Defendant then put his fists up as if he was going to strike the victim; however, he pulled a gun out of his pocket and shot the victim, right below his chest. The victim fell back and was unable to move. Defendant returned to his apartment. Some residents came out of their apartments, and somebody called an ambulance. The victim was taken to the hospital. He suffered a spinal hematoma due to the bullet hitting his L-1 vertebrae. He experienced extreme pain and could not walk for six months.
Defendant testified on his own behalf. He testified that, after his girlfriend loaned her car to the victim, he noticed that the airbag was "stolen out of the driver's side seat." They confronted the victim about it, and the victim denied knowing anything about it. Defendant had his girlfriend talked to the victim's girlfriend about the car. One day later, the victim confronted defendant because he was upset that defendant and his girlfriend had gone by the victim's girlfriend's place, and he was upset about being accused of stealing the airbag. The victim said defendant and his girlfriend were "going to pay," and he threatened both of their lives.
On the morning of the incident, defendant headed to the laundry room. He took a golf club and a gun with him for protection because a lot of people owned pit bulls in the area, and the apartment complex always had strange people hanging out, sleeping, or doing drugs in the laundry room. As he was walking, defendant saw the victim unexpectedly. The victim somehow scared him, so he took a swing at him with the golf club. Defendant said he was in fear for his life due to the threats the victim had made. He hit the victim with the club, and the victim chased him and grabbed the golf club and broke it. They started fighting, and defendant thought the victim was reaching for a gun; so, he pulled his gun out and shot him. Defendant went back to his apartment and waited until the police arrived and called him out on the bullhorn. Defendant said he was not trying to kill the victim, but just wanted to give him a warning.
ANALYSIS
Defendant appealed and, upon his request, this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 setting forth a statement of the case and a few potential arguable issues: (1) whether there was substantial evidence to support defendant's conviction and the great bodily injury and firearm enhancements; (2) whether the court abused its discretion in sentencing defendant; (3) whether the court erred when awarding custody credits; and (4) whether the case should be remanded for the trial court to exercise its sentencing discretion in light of the recent enactment of Senate Bill No. 620 (2017-2018 Reg. Sess.). Counsel has also requested this court to undertake a review of the entire record.
We offered defendant an opportunity to file a personal supplemental brief, which he has not done. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have conducted an independent review of the record and find no arguable issues.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
McKINSTER
Acting P. J. We concur: MILLER
J. SLOUGH
J.