People v. Smith CA2/4

Filed 1/22/25 P. v. Smith CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B337530

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA461118) v.

DRESHAUN OSCAR SMITH,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Deborah S. Brazil, Judge. Affirmed. Edward H. Schulman, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Scott A. Taryle, Supervising Deputy Attorney General, and Lauren N. Guber, Deputy Attorney General, for Plaintiff and Respondent.

INTRODUCTION Defendant Dreshaun Oscar Smith (Smith) appeals his conviction for second-degree murder (Pen. Code, § 187, subd. (a)).1 On appeal, Smith argues the trial court erred in permitting the prosecution to question him on the details of his prior convictions involving firearms. We affirm, as even if we were to assume the trial court erred, Smith has not established any prejudice flowing from the purported error.

FACTUAL AND PROCEDURAL BACKGROUND On September 9, 2017, Smith shot and killed Jonette Robinson (Robinson) while she was sitting in her car with her boyfriend. The car was parked in front of Robinson’s home and she was sitting in the driver’s seat. Smith was across the street with friends. Smith became angry and threw a bottle at Robinson’s car. Robinson opened her car door and asked Smith why he threw the bottle. In response, Smith walked toward the car, drew a firearm, and shot at Robinson, hitting her in the arm. Robinson’s boyfriend reached across her body and tried to close the car door, but it would not close all the way. Smith then approached the car, opened Robinson’s door, and fired a second shot, this time hitting Robinson’s head. Smith then casually walked down the street away from the car. Robinson died shortly thereafter. An amended information was filed charging Smith with murder (§ 187, subd. (a)) with a firearm (§ 12022.53, subds. (b)-(d)). The information also