People v. Watts CA3

Filed 11/20/14 P. v. Watts CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (San Joaquin) ----

THE PEOPLE, C073627

Plaintiff and Respondent, (Super. Ct. No. SF119582A)

v.

SHEMICK FERRER WATTS,

Defendant and Appellant.

A jury found defendant Shemick Ferrer Watts guilty of attempted premeditated murder for repeatedly stabbing victim Steven H. in a Motel 6 parking lot after wrongly thinking the victim had repossessed his car. Defendant raises three contentions on appeal: (1) there was insufficient evidence he was the stabber; (2) the prosecutor committed misconduct when she “elicited evidence in violation of a ruling by the trial court”; and (3) the instruction on flight (CALCRIM No. 372) should not have been given. We affirm the judgment, holding: (1) the eyewitness identification from the victim and two witnesses was more than sufficient; (2) there was no misconduct because the

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prosecutor did not violate the court order; and (3) the flight instruction was supported by the evidence and did not violate defendant’s constitutional rights. FACTUAL AND PROCEDURAL BACKGROUND The stabbing occurred in the late morning of October 18, 2011, at a Motel 6 parking lot in Stockton, some time after defendant’s car had been repossessed from the parking lot. The victim was making trips back and forth to his car, getting ready to leave the motel after spending the night there with out-of-town family and friends. Defendant, who was wearing gold teeth (also referred to as a “gold grill” at trial), approached the victim and asked if he knew what had happened to his car. The victim, who had seen the repossession taking place, told defendant “it got repo’ed the night before.” Defendant accused the victim of taking his car and tried to punch the victim in the face. The two started fighting, and defendant stabbed the victim six times. The victim’s brother’s friends, Jonathan C. and Karen C., who were also staying at the motel, were in their car at the time of the stabbing. Jonathan C. identified defendant in court as the victim’s assailant. Karen C. also identified defendant in court as the stabber. After defendant stabbed the victim, defendant went up to the C.’s car and asked Jonathan C., “Do you want some of this.” The C.’s “pulled away.” Defendant went down a little alley. The C.’s went looking for defendant, but they could not find him. The victim identified defendant as the stabber two days after the attack, in a photographic six-person lineup prepared by Detective Charles Harris of the Stockton Police Department. The victim could not identify defendant in court as the stabber. Defendant was arrested in February 2012. Six days later, Detective Harris went to see defendant in jail. Defendant “had gold teeth on the top portion of his mouth.” At trial, defendant testified that he was staying at Motel 6 on October 17, 2011, but he did not accuse anyone of taking his car or stab anybody at the motel.