People v. Smith CA2/1

Filed 6/26/15 P. v. Smith CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B257798

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA059285) v.

JAQUAIN SMITH,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Lisa M. Chung, Judge. Affirmed. Ava R. Stralla, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Victoria B. Wilson and Chung L. Mar, Deputy Attorneys General, for Plaintiff and Respondent. ____________________________________________

JaQuain Smith appeals from the judgment following his conviction of eight violent and serious felonies he committed against his former girlfriend. He challenges the sufficiency of the evidence to convict him of willful, deliberate and premeditated attempted murder and the constitutionality of Evidence Code section 1109 [prior acts of domestic violence]. We affirm the judgment. Because this is an unreported opinion and the parties are familiar with the facts we will dispense with their recitation here. To the extent they are relevant, the facts are discussed in our resolution of the issues below. DISCUSSION I. SUFFICIENT EVIDENCE SUPPORTS THE JURY’S FINDING THAT SMITH’S ATTEMPT TO MURDER CHANESHIA HOWARD WAS WILLFUL, DELIBERATE AND PREMEDITATED. Smith does not challenge the jury’s verdict of attempted murder. Rather, he contends the evidence was insufficient to prove that the attempt was willful, deliberate and premeditated. We review the evidence in the light most favorable to the judgment. (Roby v. McKesson Corp. (2009) 47 Cal.4th 686, 693-694.) Smith and Chaneisha Howard had been in a relationship for about two years and had a child together. They lived together sporadically. Their relationship ended in November or December 2012, and Smith moved out of Howard’s apartment. When they were living together, Smith battered Howard on several occasions. In a September 2012 incident Howard blacked out after Smith choked her. In November 2012, Howard was watching television in her apartment when Smith turned the television off and plugged in his video game. They got into a fight, and Smith again choked Howard. She called the police. Later that same month, Smith threw a rock through Howard’s window, broke picture frames and ripped up her pictures. Smith admitted to her that he had done these things. In December 2012, Smith pulled a gun on Howard’s stepfather in her apartment. Howard obtained a restraining order against Smith but he continued to contact her.