People v. Deaver CA5

Filed 6/18/14 P. v. Deaver 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,

Plaintiff and Respondent, F065517 & F065615

v. (Fresno Super. Ct. Nos. F10500514 & F12902412) JASON DAVID DEAVER, OPINION Defendant and Appellant.

THE COURT* APPEALS from judgments of the Superior Court of Fresno County. Arlan L. Harrell, Judge. Stephen M. Hinkle, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo- In case No. F10500514, a jury convicted appellant Jason David Deaver of assault with a firearm (count 2/Pen. Code, § 245, subd. (a)(2)),1 shooting at an inhabited

* Before Levy, Acting P.J., Gomes, J. and Peña, J.

dwelling (count 3/§ 246), and found true an allegation in count 2 that appellant personally used a firearm (§ 12022.5, subd. (a)). In a separate proceeding, Deaver admitted four prior prison term enhancements (§ 667.5, subd. (b)). In case No. F12902412, Deaver pled no contest to battery on a custodial officer (§ 243.1). Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm. FACTUAL AND PROCEDURAL HISTORY In April 2010, Deaver began a relationship with Talia Quinlan. Eventually he began living with her in her father’s home in Caruthers. On September 22, 2010, at approximately 7:00 p.m., Quinlan ended her relationship with Deaver. At approximately 10:38 p.m., Quinlan went to bed. Before midnight, Deaver was high on cocaine when he left a friend’s house and went to Quinlan’s house intending to sleep on the couch. However, when he arrived there he saw a car parked in the alley behind the house and he became emotionally distraught because he thought Quinlan had left him for another man. Deaver went to his friend’s house, got a sawed-off shotgun, and returned to Quinlan’s house around midnight. He then fired two shots through a window into Quinlan’s bedroom. The shotgun pellets struck a wall mirror, a dresser, and the foot of Quinlan’s bed, and they scattered glass all over the room and on Quinlan. Quinlan, however, was not hit by any of the pellets. Deaver fled but was arrested on September 26, 2010, on a parole violation. On November 4, 2010, in case No. F10500514, the district attorney filed an information charging Deaver with attempted premeditated murder (count 1/§§ 664 & 187), assault with a firearm (count 2), and shooting into an inhabited dwelling (count 3). The information also alleged a personal discharge of a firearm enhancement in count 1