People v. Littrel

Opinion

FEINERMAN, P. J.

Defendant, Freddie Littrel, was convicted by a jury of one count of attempted murder (Pen. Code, §§ 664/187) and one count of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)). An allegation that defendant used a dangerous and deadly weapon, a knife, within the meaning of Penal Code section 12022, subdivision (b), was found true as to the first count. Allegations that he inflicted great bodily injury,

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within the meaning of Penal Code section 12022.7, were found true as to both counts. After a motion to strike two alleged prior convictions was denied, defendant admitted the priors.

Probation was denied. Defendant was sentenced to the upper term of nine years on count I, plus three years for the bodily injury enhancement. He received an additional five-year enhancement (Pen. Code, § 667.5, subd. (a)) for the first prior (second degree murder), and a one-year enhancement (Pen. Code, § 667.5, subd. (b)) for the second prior (felon in possession of a firearm). A midterm sentence of 16 months on count II was stayed pending service of sentence on count I, the stay to then become permanent. Appropriate custody and conduct credits were awarded.

On October 29, 1982, Emma Thorne (Emma), the victim of both counts, was at home with her daughter Tina, Tina’s two children, and Tina’s boyfriend Michael Strane (Strane). Defendant, Emma’s boyfriend, was also present. Tina, her children and Strane spent the afternoon in Tina’s bedroom. Emma and defendant were in the living room. About 6 p.m., Charlie Gilkie, Emma’s ex-brother-in-law, came to the residence, greeted Emma and defendant, then went into an empty bedroom and went to sleep. Tina went to visit a neighbor as Gilkie came in, leaving her two children in her bedroom with Strane. When Tina left, Emma and defendant were in the living room arguing.

Tina was away for about 30 minutes. When she returned, she found the apartment door open. As she entered the apartment, she saw defendant come out of the kitchen carrying a steak knife. Defendant struck Emma in the chest with the knife. Tina saw her mother’s face covered with blood. Tina ran screaming to her bedroom and locked the door. Gilkie came to the bedroom door to investigate the screaming. Tina, Strane and Gilkie went to the living room. Defendant was gone. Emma was lying with the knife protruding from her chest. She was not conscious. Tina thought she was dead.