P. v. Willis CA2/6

Filed 7/30/13 P. v. Willis CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B241105 (Super. Ct. No. TA117396-01) Plaintiff and Respondent, (Los Angeles County)

v.

JOHNNY EARL WILLIS,

Defendant and Appellant.

Johnny Earl Willis appeals a judgment following conviction of first degree murder, attempted murder, and attempted robbery, with findings of personal firearm use and acts committed to benefit a criminal street gang. (Pen. Code, §§ 187, subd. (a), 189, 664, 187, 664, 211, 12022.53, subds. (b)-(d), 186.22, subd. (b)(1)(C).)1 We conclude that the trial court did not abuse its discretion by denying Willis's motion to sever the charged counts, and affirm. (§ 954; People v. Thomas (2012) 53 Cal.4th 771, 797-801.)

1 All further statutory references are to the Penal Code. References to section 12022.53 are to the version in effect prior to January 1, 2012.

FACTS AND PROCEDURAL HISTORY Attempted Murder and Attempted Robbery (Counts 2 and 3) Marcus Benton, a member of the "20 Crip" criminal street gang, had been friends with Willis for six months. Benton knew Willis as "J-Bam," a member of the "Bee Bop Watts" criminal street gang. On December 16, 2010, Benton called Willis, seeking to buy a firearm. The two men agreed to meet near 96th Street and Central Avenue in Los Angeles, an area Willis assured Benton was claimed by the Crip gang. During an arranged meeting that night, Willis pointed a gun several inches from Benton's face, demanded his money, and stated: "Give me the money, blood." Benton turned and ran toward the street. As he ran, he heard five gunshots. When he reached the street, Benton collapsed with five gunshot wounds to his back and leg. When Police Officer Jesus Garcia found him lying in the street, Benton stated that "J-Bam from Bee Bop had shot him." Los Angeles Police Officer Francis Coughlin testified as a criminal street gang expert witness regarding the Bee Bop Bloods gang. He stated that the Bee Bop Bloods claimed the area of 96th Street and Central Avenue in Los Angeles. Coughlin described Willis's gang-related tattoos, including the words "Bee Bop," and opined that Willis committed the crimes against Benton to benefit the Bee Bop Bloods gang. Murder (Count 1) In 2011, Shontay Burkhardt and her female cousins had a dispute regarding "Facebook stuff." On March 28, 2011, Burkhardt physically confronted cousin Ebony McBride and her sisters outside McBride's home. Joseph Herd, Burkhardt's boyfriend, attempted to break up the altercation, but Willis, Ebony's boyfriend, demanded that the fight continue. A neighbor also saw Herd and Willis fighting. Willis then walked inside the home and returned with a firearm. As Herd prepared to enter the vehicle in which he and Burkhardt arrived, Willis fired the weapon