People v. Sherrell CA5

Filed 4/2/25 P. v. Sherrell CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIFTH APPELLATE DISTRICT

THE PEOPLE, F086283 Plaintiff and Respondent, (Super. Ct. No. BF173981A) v.

BOBBY GENE SHERRELL, OPINION Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Kern County. Charles R. Brehmer, Judge. Hilda Scheib, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Kimberley A. Donohue, Assistant Attorney General, Eric L. Christoffersen and Robert C. Nash, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo- Appellant Bobby Gene Sherrell was charged with first degree murder (Pen. Code,* § 187, subd. (a); count 1) of David Steelman and was alleged to have personally

* All further undesignated statutory references are to the Penal Code.

discharged a firearm causing death during the commission of the crime (§ 12022.53, subd. (d)). A jury convicted appellant of the lesser included offense of second degree murder and found the firearm allegation true. The court sentenced appellant to an indeterminate prison term of 15 years to life as to count 1, and, as to the firearm enhancement, the court imposed the lesser enhancement of 10 years (§ 12022.53, subd. (b)) for a total prison term of 15 years to life, plus 10 years. Appellant appeals from the judgment of his conviction, arguing that the court prejudicially erred by admitting photographs of him handling and aiming a firearm a few days before the murder. Finding no error, we affirm. FACTS In the early morning hours of June 13, 2018, appellant was traveling by car with his wife, Delfina Longoria, and their friend, Matthew Davis. The three had been using methamphetamine together and were out getting gas. According to Davis, while driving after getting gas, they saw someone walking in their direction, and Longoria asked appellant if it was David Steelman, who all three of the vehicle occupants knew. Davis thought it looked like him, but appellant was not sure. Longoria told appellant, who was driving the vehicle, to turn the vehicle around; appellant did so, and “kind of crept up on” Steelman in an alleyway. When Steelman saw the vehicle, he “rushed the car and started socking the window.” Steelman banged on the window twice, and appellant reached for a revolver that was in the door pocket and shot Steelman through the window, shattering it. Davis saw Steelman grab his chest and fall. No one in the vehicle called the police or paramedics, and appellant “sped out of there” without any vehicle malfunction. Steelman was later found lying in the road, having died from the gunshot wound, which was later determined to be from a medium caliber bullet. Davis called the police two days later, on June 15, 2018, and told them what happened.