P. v. DeWitt CA3

Filed 8/8/13 P. v. DeWitt CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C072595

Plaintiff and Respondent, (Super. Ct. No. 11F06533)

v.

DARRELL ALVIN DEWITT,

Defendant and Appellant.

This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and People v. Kelly (2006) 40 Cal.4th 106, 110 (Kelly). Having reviewed the record as required by Wende, we note two errors in the abstract of judgment, which we will order corrected. The judgment is affirmed.

We provide the following brief description of the facts and procedural history of the case. (Kelly, supra, 40 Cal.4th at p. 124.)

1

Nineteen-year-old defendant Darrell Alvin DeWitt lived in an Elk Grove apartment with his father, Darrell Andre DeWitt (Darrell) and his 18-year-old brother Andre DeWitt (Andre). Darrell, who suffered from congestive heart failure, spent much of the time in his bedroom. Darrell and defendant constantly argued because Darrell wanted defendant to get a job and help around the apartment. Defendant once told his uncle he hated Darrell and wanted to kill him.

On the morning of September 19, 2011, defendant and Darrell got into an argument that culminated in Darrell asking defendant to move out for a week. At around noon, defendant gave Andre $40 and told him to walk to a nearby Metro PCS store to make a payment on their shared cell phone account.

After Andre left, defendant carried a double-headed battle axe from his room to Darrell’s room and hit Darrell on the top of the head. Defendant continued the attack, striking Darrell several times on the head, neck and body with the battle axe. When he was done, defendant wrapped up the bloody axe, closed the door, and left the room.

At 12:30 p.m., defendant ran into his friend Chase Hunt about a quarter of a mile from the apartment. Defendant, who was jumping and skipping around, told Hunt he was happy. Defendant later returned to the apartment with Hunt, and by mid-evening, defendant, Andre, Hunt, and two other friends sat around the apartment drinking vodka. Defendant ended the party when the two other friends did not share their orange juice mixer.