People v. Pitts CA5

Filed 5/4/15 P. v. Pitts CA5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent, F067386

v. (Super. Ct. No. F12907210)

MICHAEL LEE PITTS, OPINION

Defendant and Appellant.

THE COURT APPEAL from a judgment of the Superior Court of Fresno County. Denise Lee Whitehead, Judge. Barbara A. Smith, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Julie A. Hokans and Ryan B. McCarroll, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

 Before Gomes, Acting P.J., Poochigian, J., and Detjen, J.

A jury convicted Michael Lee Pitts of assault with a firearm (count 2/Pen. Code, § 245, subd. (a)(2)),1 possession of a firearm by a felon (count 3/§ 29800, subd. (a)(1)), and possession of ammunition by a felon (count 4/§ 30305, subd. (a)) and it found true a personal use of a firearm enhancement in count 2 (§ 12022.5, subd. (a)). In a separate proceeding Pitts admitted a serious felony enhancement (§ 667, subd. (a)(1)), two prior prison term enhancements (§ 667.5 subd. (b)), and allegations that he had a prior conviction within the meaning of the three strikes law (§ 667, subds. (b)-(i)). On May 31, 2013, the court sentenced Pitts to an aggregate prison term of 18 years. Pitts contends the evidence is insufficient to sustain his conviction for assault with a firearm. We affirm. FACTS On August 24, 2012, at approximately 8:00 a.m., at a school bus stop in Fresno, Sara Solis and Herlinda Gonzales argued with Pitts’s sister over children cutting in line. The argument continued as the trio walked back toward Solis’s apartment and culminated when Solis’s puppy snapped at Pitts’s sister. Later that morning, Pitts was accompanied by his sister and another woman when he showed up at Solis’s apartment and began arguing with Solis and Gonzales. Pitts told them they had disrespected his sister and demanded an apology. The commotion woke Solis’s boyfriend, Francisco Rodriguez, who told her to get everyone out of there. Solis and Gonzales walked outside and around the apartment to Solis’s backyard followed by Pitts and the two women. They continued to argue and Gonzales eventually apologized to Pitts’s sister. Rodriguez then came out of the apartment through a sliding door that led to the back patio, grabbed a shovel, and told Pitts’s group to leave.