People v. Hinton CA2/5

Filed 1/29/15 P. v. Hinton CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B251315

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA391305) v.

RICHARD LAMONT HINTON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, William C. Ryan, Judge. Affirmed as modified. Marilyn G. Burkhardt, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Steven D. Matthews and Roberta L. Davis, Deputy Attorneys General, for Plaintiff and Respondent.

I. INTRODUCTION

A jury convicted defendant, Richard Lamont Hinton, of the second degree murder of Joseph Gilbert. (Pen. Code, § 187, subd. (a).) Mr. Gilbert died of multiple stab wounds. Defendant claimed self-defense, heat of passion or imperfect self-defense. The defense was premised on defendant’s alleged actual and reasonable belief Mr. Gilbert had a gun. Defendant was sentenced to 16 years to life in state prison. We modify defendant’s presentence custody credit. We affirm the judgment in all other respects.

II. THE EVIDENCE

Derrick Townsend and his girlfriend, Lavenia Wilson, invited several people over to their apartment in the late evening of Thanksgiving 2011. The guests included a friend, Ashley Scott, and her boyfriend, Mr. Gilbert. Mr. Townsend’s friend, Jabari Tate, arrived accompanied by defendant. Mr. Tate had known defendant for more than 10 years. They were close friends and fellow gang members. Neither Mr. Townsend nor Ms. Wilson knew defendant. Defendant’s gang and Mr. Gilbert’s gang were rivals. The group shared alcohol, marijuana and cocaine. Mr. Gilbert was “hyperactive” and made offensive comments, including words disrespectful of defendant’s gang. Sometime later, defendant suddenly assaulted Mr. Gilbert. Mr. Townsend, Ms. Wilson and Ms. Scott testified they saw defendant grab Mr. Gilbert by the shirt. They saw defendant pull out a folding knife. Defendant then begin stabbing Mr. Gilbert in the upper torso. The knife had a four or five-inch blade. Mr. Gilbert screamed out that he was being stabbed. All four witnesses—Mr. Townsend, Ms. Wilson, Ms. Scott and Mr. Tate—saw Mr. Gilbert reach out with both hands in reaction to the attack. Mr. Gilbert did not have anything in his hands. He did not have a gun in his hands. Ms. Scott tried to stop the attack. She got between defendant and Mr. Gilbert. When that happened, defendant reached over her and continued to stab Mr. Gilbert. Ms.