People v. Russell CA2/3

Filed 2/19/15 P. v. Russell CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B251286

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA126145) v.

ERIC RUSSELL,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Eleanor J. Hunter, Judge. Affirmed. Susan Morrow Maxwell, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, James William Bilderback II, Supervising Deputy Attorney General, Steven E. Mercer and Alene M. Games, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant Eric Russell was convicted by a jury of assault with a firearm, possession of a firearm by a felon, and possession of ammunition. Under the Three Strikes law,1 the trial court sentenced him to 25 years to life. Defendant’s sole contention on appeal is that the trial court abused its discretion by denying his Romero motion.2 We disagree and affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND Romel Pace had known defendant since 2000. They would frequently gamble on football, baseball, and basketball games. Depending on the bet, one of them could owe the other $300 to $400 at any one time. However, they always paid off the debts without serious argument. Defendant would usually tell Pace, “ ‘Just holler at me when you’re ready [to pay off the debt].’ ” On September 30, 2012, Pace lost a $600 bet with defendant over the outcome of several football games. That same day, Pace sent defendant a text message that he needed a “ ‘little time to pay’ ” the debt. Defendant responded to Pace’s text message by calling him around 9:16 p.m. Defendant appeared angry and told Pace he wanted his money. In response, Pace offered to pay defendant $200 the next day. Defendant was not satisfied with Pace’s offer and became upset. According to Pace, defendant “was talking about how he’s a gangster, he’s a killer, he’s a jacker, and that kind of stuff.” Pace was surprised by defendant’s reaction and thought defendant “wasn’t in his right mind, and it’s just that simple.” At some point during their conversation Pace became upset with defendant’s ranting and said, “ ‘I don’t give a fuck about that shit.’ ” Defendant said, “Well, I do.” Pace replied, “ ‘Well I don’t.’ ”