People v. Green CA2/7

Filed 12/16/14 P. v. Green CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B253014

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA085100) v.

COREY LAVELLE GREEN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Stanley Blumenfeld, Jr. and Teri Schwartz, Judges. Affirmed. Matthew Alger, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General; Lance E. Winters, Senior Assistant Attorney General; James William Bilderback II, Supervising Deputy Attorney General; and Robert C. Schneider, Deputy Attorney General, for Plaintiff and Respondent.

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Corey Green was charged with multiple felonies. On the day of his preliminary hearing, Green made a motion to represent himself under Faretta v. California (1975) 422 U.S. 806 (Faretta). The trial court denied the motion with respect to the preliminary hearing, but invited Green to renew the motion for any future proceedings. Although Green made several subsequent motions to replace his appointed counsel, he never renewed his request for self-representation. The jury convicted Green on all counts. On appeal, he contends his Faretta motion was improperly denied. We affirm.

FACTUAL BACKGROUND A. Summary of Police Investigation On September 30, 2011, the Pasadena Fire Department was dispatched to an apartment building. Upon arrival, firefighters discovered the body of Maria Donnelly. A subsequent autopsy revealed that Donnelly had nine fractured ribs, a fractured neck bone and hemorrhages in the muscles of her neck. A pathologist concluded Donnelly had likely died of strangulation. The Pasadena Police Department arrested Donnelly’s boyfriend, defendant Corey Green, in connection with her death. On December 21, 2011, detective Keith Gomez conducted a recorded interrogation of Green, who confessed to killing Donnelly. Green stated that, on September 27, 2011, he had been drinking with Donnelly at her apartment. While Green was sleeping, Donnelly used his cell phone to call Felicia Welsh, who was also in a relationship with Green. When Green woke up, he saw that Welsh had called and texted him about the incident. Green became angry at Donnelly and began fighting with her. During the altercation, Green punched Donnelly in the stomach and put his “hands on her neck.” Donnelly eventually stopped moving. Green thought Donnelly was “faking” it. After 20 minutes, however, Donnelly remained unconscious. Green “freaked out” and left her apartment. Green returned to Donnelly’s apartment a couple of days later and saw her body in the same position. The next day, Green went back to the apartment with a bottle of gasoline to try to “cover . . . up” what he had done. Green poured the gasoline over