People v. Watler CA2/4

Filed 3/2/15 P. v. Watler CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B252845

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA097971) v.

RENALDO WATLER, JR.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Bruce Marrs, Judge. Affirmed. Law Offices of Russell S. Babcock and Russell S. Babcock, under appointment by the Court of Appeal, and Renaldo Watler, in pro. per., for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Defendant Renaldo Watler appeals from the judgment entered after his jury conviction of assault with a semiautomatic firearm, possession of a firearm by a felon, possession of ammunition, and discharge of a firearm with gross negligence. Watler’s appointed counsel filed a Wende brief (People v. Wende (1979) 25 Cal.3d 436), and Watler filed a supplemental brief in pro. per. We briefly review the pertinent facts. On May 13, 2012 (Mother’s Day), Watler went into a Walgreens store in Pomona with a drawn .9 millimeter semiautomatic handgun, and fired several shots in the direction of one of the victims, Charles Babb. Babb was not injured, but one of the bullets lodged in the hip of 17-year-old Samantha Casey, who was shopping for greeting cards with her mother and sisters. Watler then ran outside and shot at Babb’s car. Later, Babb identified Watler as the shooter. While detained on unrelated charges in Las Vegas, Watler admitted shooting at Babb and his car. He claimed to have done so in self-defense, but also told police Babb had raped his sister. Watler was charged with the premeditated attempted murder of Babb and Casey (Pen. Code,1 §§ 187, subd. (a), 664, subd. (a); counts 1 and 2), assault with a semiautomatic weapon on Babb and Casey (§ 245, subd. (b); counts 3 and 4), possession of a firearm by a felon (§ 29800, subd. (a)(1); count 5), possession of ammunition (§ 30305, subd. (a)(1); count 6), and discharge of a firearm with gross negligence (§ 246.3, subd. (a); count 7). Firearm allegations were attached to the first four counts, allegations of great bodily injury were attached to counts 2 and 4, and five prior felony convictions were alleged as to counts 5 and 6. (§§ 12022.5, 12022.7 & 12022.53.) As to all counts, the information alleged Watler had three prison priors and had committed the current offenses while on bail. (§§ 667.5, 12022.1.) Before the jury trial, the court denied Watler’s request to have expert testimony regarding his mental state. Babb chose not to testify during trial, but the prosecution called other eyewitnesses and introduced the store’s surveillance tapes, Watler’s