People v. Amos CA2/2

Filed 3/4/15 P. v. Amos CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, B252013

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA101216) v.

ANGELA LENETTA AMOS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Bruce F. Marrs, Judge. Affirmed.

Dawn Schock, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Lance E. Winters, Assistant Attorney General, Margaret E. Maxwell and Douglas L. Wilson, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant and appellant Angela Lenetta Amos (defendant) appeals from her conviction of attempted voluntary manslaughter and assault with a deadly weapon. She contends that the trial court erroneously admitted the victim’s prior testimony in violation of her constitutional right of confrontation. Finding no merit to defendant’s contention and no prejudice, we affirm the judgment. BACKGROUND Procedural history Defendant was charged with assault with a deadly weapon, in violation of Penal Code section 245, subdivision (a)(1),1 and the attempted willful, deliberate, and premeditated murder of Lamar Mays (Mays) in violation of sections 187, subdivision (a), and 664, subdivision (a). It was alleged in both counts that defendant personally inflicted great bodily injury upon the victim within the meaning of section 12022.7, subdivision (a), and that she personally used a deadly and dangerous weapon (a knife), within the meaning of section 12022, subdivision (b)(1). It was also alleged that defendant had suffered two prior prison terms within the meaning of section 667.5, subdivision (b), and four prior felonies within the meaning of section 1203, subdivision (e)(4). A jury convicted defendant of assault with a deadly weapon as charged in count 1, and as to count 2, found defendant guilty of the lesser included offense of attempted voluntary manslaughter (§§ 664/192, subd. (a)). The jury also found true the allegations that defendant personally used a deadly weapon and inflicted great bodily injury. In a bifurcated proceeding, the trial court found true the two prior prison term allegations. The trial court sentenced defendant to 10 years six months in prison, comprised of the upper term in count 2 of five years six months, plus three years for the infliction of great bodily injury, one year for the personal use of a deadly weapon, and one year for one prior prison term. As to count 1, the trial court sentenced defendant to the middle term of three years, plus the three-year great bodily injury enhancement and one year for the weapon, all stayed pursuant to section 654. Defendant was ordered to pay mandatory