People v. Dunlap CA4/3

Filed 12/3/25 P. v. Dunlap CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G063191

v. (Super. Ct. No. 17WF2771)

JONATHAN BREON DUNLAP, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Kimberly Menninger, Judge. Affirmed Carl Fabian, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Steve Oetting and Joshua Trinh, Deputy Attorneys General, for Plaintiff and Respondent.

Jonathan Breon Dunlap challenges his convictions and sentence for voluntary manslaughter and shooting at an inhabited dwelling house. He contends (1) the evidence did not support his conviction for shooting at an inhabited dwelling house, (2) the trial court erred by instructing the jury on the victim’s right to eject trespassers, and (3) the court erred by imposing a concurrent sentence for voluntary manslaughter before staying its execution. Finding no error, we affirm. FACTS The Orange County District Attorney charged Dunlap with the murder of John Nondorf, Jr. (Pen. Code, § 187, subd. (a); count 1)1 and shooting at an inhabited dwelling house (§ 246; count 2). The information included firearms enhancement allegations. According to the evidence at trial, Dunlap and a group of friends gathered at a motel, where Nondorf and his fiancée were staying. At some point, Nondorf saw Dunlap near Nondorf’s car, near his room, and a heated exchange followed. Nondorf retrieved a baseball bat from his room. In response, a member of Dunlap’s group handed Dunlap a gun. Seeing the gun, Nondorf retreated to his doorway and continued arguing while his fiancée tried to call the police. Dunlap’s group pressed forward and confronted Nondorf at the threshold. One member briefly entered the room before Dunlap pulled her out; another tried to wrestle away Nondorf’s bat, while someone reached inside to punch him. Dunlap then raised the gun and fired four times. Two bullets struck Nondorf, killing him: one bullet exited the back of his head and another lodged in his lower back. Two bullets struck inside the room—one