People v. Weddle CA3

Filed 9/17/14 P. v. Weddle CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C075463

Plaintiff and Respondent, (Super. Ct. No. 11F08162)

v.

DANIEL MARLAN WEDDLE,

Defendant and Appellant.

A jury found defendant Daniel Marlan Weddle guilty of first degree murder (Pen. Code, § 187, subd. (a))1 and assault with a firearm (§ 245, subd. (b)), with enhancements for personally using a firearm (§§ 12022.53, subd. (d), 12022.5, subds. (a), (d)). He was charged with shooting and killing his wife and assaulting her friend (by pointing a loaded gun at her) moments before the murder. The trial court sentenced him to 50 years to life

1 Further undesignated statutory references are to the Penal Code.

1

for the murder and accompanying enhancement and a consecutive term of 10 years for the assault and accompanying enhancement. Defendant timely appeals, contending the trial court abused its discretion by imposing a consecutive term for the assault. Disagreeing, we affirm. FACTS Margaret Weddle was separated from defendant--her husband--and shared an apartment with her friend Crystal Duchien, now known as Crystal Huffaker. Defendant visited the apartment once or twice a week. Weddle told Huffaker she was going to divorce her husband. Defendant brought a handgun to the apartment after a series of burglaries in the apartment complex. Defendant showed Weddle and Huffaker how to operate the gun, which Weddle kept loaded and holstered in her bedroom. On December 1, 2011, Weddle was at work when defendant came to the apartment. He told Huffaker that Weddle had told him money was missing from the apartment. When Weddle arrived at the apartment about 10 minutes later, she put her purse down in the living room (on top of divorce paperwork that she had brought home with her) and went to her bedroom to talk with defendant. Huffaker, who remained on the living room couch, could hear the two discussing the missing money and jewelry. After they came out to the living room, defendant lifted up Weddle’s purse and saw the divorce papers. He threw the divorce papers on the floor and confronted Weddle about them; Weddle asked him to leave. Defendant went into Weddle’s bedroom and emerged holding the gun. Weddle kept telling defendant to leave as the two argued. Defendant told Weddle to sit down in the living room. Once she complied, defendant pointed the gun at her and pulled the trigger several times, but the gun jammed and did not fire. Defendant told Weddle she was “lucky” the gun jammed. Weddle asked defendant if he intended to kill her and defendant said, “I’ve thought about it several times.”