People v. Williams CA2/6

Filed 8/20/24 P. v. Williams CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B331744 (Super. Ct. No. TA148615) Plaintiff and Respondent, (Los Angeles County)

v.

DERRICK DEON WILLIAMS,

Defendant and Appellant.

Derrick Deon Williams appeals from a judgment following a trial at which the jury found him guilty of second degree murder (Pen. Code1, § 187, subd. (a); count 1) and possession of a firearm by a felon (§ 29800, subd. (a)(1); count 2). The jury also found true three allegations regarding personal use of a firearm (§ 12022.53, subd. (b)-(d).) The court sentenced appellant to 35 years to life: 15 years to life for the murder in count 1, plus 20 years for the firearm enhancement under section 12022.53,

1 Undesignated statutory references are to the Penal Code.

subdivision (c). The court stayed the punishment for the count 2 possession of a firearm by a felon. Appellants contends (1) the prosecutor’s cross-examination of him violated the Fifth Amendment privilege against self- incrimination under Doyle v. Ohio (1976) 426 U.S. 610 [49 L.Ed.2d 91] (Doyle); and (2) the court abused its discretion in allowing impeachment based on his 1992 robbery conviction. We will affirm. FACTUAL AND PROCEDURAL BACKGROUND Prosecution’s Case-in-Chief At around midnight on February 20, 2019, Los Angeles County Sheriff deputies responded to a shooting at V Live LA, a strip club at which appellant worked as head of security. Upon arrival, deputies saw Leland Mathews lying on his back in the parking lot. Mathews had suffered a gunshot wound to the leg. He was transported to a hospital, where he was pronounced dead. In conducting a protective sweep of the club, a deputy noticed streaks of blood on the floor. The floor seemed to have been recently mopped, and mop buckets appeared to have blood in the water. An expended bullet was found on a hallway floor. Law enforcement also recovered a bullet casing that had been thrown away. Deputy Hector Panduro interviewed appellant in the club’s parking lot. Appellant stated he was in the staff restroom in the club’s rear at the time of the incident. He heard people “scattering.” He left the restroom and noticed a blood trail, which he followed to the club’s front door. He saw the victim on the ground of the parking lot, along with several people apparently trying to help him. Appellant went back inside and told the