People v. Crites

Opinion

PERREN, J.

Clinton Duane Grites appeals the judgment after his conviction for first degree murder (Pen. Code,

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§§ 187, subd. (a), 189). Among other enhancement findings, the jury made true findings on separate allegations that Grites had personally used two deadly or dangerous weapons in the commission of the murder. (§ 12022, subd. (b)(1).) Grites contends there was insufficient evidence of premeditation and deliberation to support a first degree murder conviction. He also claims that the trial court erred in denying his Marsden

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motion and in staying, rather than striking, one of the two section 12022, subdivision (b)(1) enhancements. We hold that the trial court properly imposed a one-year section 12022, subdivision (b) enhancement for use of one deadly, weapon and imposed, but stayed, an additional enhancement under the same statute for use of a second weapon. We affirm.

FACTS

In July and August 2003, appellant’s wife Christy Grites was living in the apartment of victim Douglas Okashima. Grites and his wife had separated but he continued to visit her and their children at Okashima’s apartment. Mrs. Grites moved out of the apartment in late August or early September 2003.

Grites believed that his wife was having an affair with Okashima and, in statements to friends, threatened to kill Okashima for having the affair. In September 2003, Grites told one friend that he “might have to fuck . . . up” the man his wife was staying with. About a week before the murder, he told another friend he was going to “smash” the person who was sleeping with his wife. Mrs. Grites also told the police that Grites had said “Doug’s gonna get his” prior to the murder.

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During the night of September 17, 2003, Grites drove to Okashima’s apartment and killed him. Okashima died of multiple stab wounds to the head, and multiple skull fractures inflicted when he was kicked by Grites, who was wearing steel-toed boots. Grites had bought the boots a week before the murder.