People v. Thornton CA2/1

Filed 1/29/15 P. v. Thornton CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B252575

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA411138) v.

CHRISTOPHER THORNTON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Anne H. Egerton, Judge. Affirmed. Stanley Dale Radtke, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Shawn McGahey Webb and Gary A. Lieberman, Deputy Attorneys General, for Plaintiff and Respondent.

Christopher Thornton appeals his conviction of making criminal threats against a neighbor. He contends the trial court committed prejudicial error in blocking his efforts to impeach the credibility of the alleged victim based on her mental incapacity, history of drug use, and attempt to shield her boyfriend from blame in the incident that triggered the alleged threats. We find no merit in these contentions and affirm the judgment. FACTS AND PROCEEDINGS BELOW Because this is an unreported opinion and the parties are familiar with the facts we will dispense with their recitation here. To the extent they are relevant, the facts are discussed in our resolution of the issues below. DISCUSSION

The alleged victim, Olivia Thurman, testified that during an argument between defendant Thornton, her boyfriend Josh Miller and her, defendant Thornton struck her with a mop handle and said to her: “Do you know who you’re talking to? I’m B.P.S. You will die.”1 A short time later, Thurman testified, Thornton again told her: “‘I’m Black P Stones,’ and [you] will die.” A jury acquitted Thornton of assault with a mop handle but convicted him of one count of making criminal threats. Thurman was the only witness to testify to the alleged threats and Thornton attempted to impeach her credibility. Thornton asked Thurman whether her boyfriend, Miller, was present during the argument in violation of a domestic violence restraining order obtained by her. The court sustained the prosecutor’s objection to the question on the grounds of relevancy. Thornton argues the question was relevant to show that Thurman would lie to the police about who assaulted her that day in order to protect her boyfriend who had a history of domestic violence. Thurman did admit, however, that “I have a domestic violence case against my boyfriend” and that she did not tell the police that Miller was in her apartment when the altercation between her and Thornton took place. We see no relevance to this inquiry. In any case, the jury was informed that Thurman had a domestic violence case