People v. James CA3

Filed 10/15/13 P. v. James CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C071374

Plaintiff and Respondent, (Super. Ct. No. 11F01097)

v.

LOVIE JAMES,

Defendant and Appellant.

A jury convicted defendant Lovie James of attempted voluntary manslaughter (Pen. Code, §§ 664/192, subd. (a)),1 corporal injury to a cohabitant (§ 273.5, subd. (a)), elder abuse (§ 368, subd. (b)(1)), criminal threats (§ 422), and theft or taking of a vehicle (Veh. Code, § 10851, subd. (a)), and sustained great bodily injury allegations (§ 12022.7, subds. (a), (e)). After sustaining a strike, a serious felony and three prior prison term allegations (§§ 667, subds. (a), (b)-(i), 667.5, subd. (b), 1170.12), the trial court sentenced defendant to 23 years in state prison.

1 Undesignated statutory references are to the Penal Code.

1

Defendant’s sole contention on appeal is the trial court abused its discretion in concluding, after an in camera review, that there were no documents discoverable to defendant pursuant to his motion under Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess). Having undertaken an independent review of the sealed records, we find no abuse of discretion and affirm the judgment. BACKGROUND Around midnight on February 4, 2011, Elk Grove Police Officer Andrew Bornhoeft and his partner Officer Phillip Insixiengmay responded to a domestic violence call at Florence Taylor’s Elk Grove home. Officer Bornhoeft found the 69-year-old Taylor standing in the garage. Her face was swollen and discolored, her right eye was discolored, very swollen and completely closed, and her left eye was also discolored and swollen. She also had bruises and contusions on her face. Officer Bornhoeft asked Taylor to come inside and sit. Entering the home, he smelled a strong odor of gasoline and saw a red gasoline can sitting on top of the dryer. What appeared to be fecal matter and vomit were in the kitchen, and dentures were on the floor. Taylor told him that defendant beat and choked her and said he was going to kill both of them that night. She told Officer Bornhoeft that defendant took her car without her permission after the assault. Cosumnes Fire Department paramedic Justin Quarisa arrived at the scene and saw Taylor lying down in the bedroom talking to a police officer. Quarisa noticed Taylor “had a lot of facial injuries.” Taylor told him that she had been struck multiple times in the face with a fist, had been slammed into some cupboards, dragged across the floor, and doused with gasoline. Elk Grove Police Detective Greg Kawamoto interviewed Taylor later the same day at the hospital. A recording of the interview was played to the jury. Taylor told Detective Kawamoto that defendant pulled her out of her bed by her neck and threw her