People v. James CA3

Filed 9/15/15 P. v. James CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C075819

Plaintiff and Respondent, (Super. Ct. No. 12F08213)

v.

KAILAN JOSHUA JAMES,

Defendant and Appellant.

Defendant Kailan Joshua James went with Justin Valine (the brother of defendant’s girlfriend Marissa Valine) and Danny Valine (Justin and Marissa’s father) to Kelly McClurg’s rural property.1 Danny shot and killed McClurg and the three men stole McClurg’s marijuana. A jury convicted defendant of first degree murder (Pen. Code,

1 Because the Valines share a surname, we refer to members of the Valine family by their first names.

1

§ 187, subd. (a)),2 with an enhancement for a principal being armed (§ 12022, subd. (a)(1)) and a robbery-murder special circumstance (§ 190.2, subd. (a)(17)), and robbery (§ 211). The trial court sentenced defendant to an unstayed term of life without the possibility of parole plus one year. On appeal, defendant contends the People committed misconduct during closing argument and argues his parole revocation fine must be stricken. He also seeks correction or clarification of several items in the abstract of judgment. We modify the judgment to strike the parole revocation fine, direct amendment and correction of the abstract of judgment, and otherwise affirm.3 FACTS Kelly McClurg lived on rural property in Wilton, where he grew marijuana both inside and outside the house. He kept the front gate to the property locked. McClurg had been in a dispute with defendant and Marissa. McClurg thought they had stolen marijuana from him and had ordered them to stay off his property. On the night of October 27, 2012, Marissa’s father Danny, her brother Justin, and defendant went to McClurg’s. Defendant hid out of sight in the rear of the car, or the trunk, so McClurg would not see him. McClurg unlocked the gate and let them on the property. Danny, Justin, and McClurg went inside and talked and drank beer. Danny announced he was going to get cigarettes from the car and left the house. A few minutes later, Danny kicked in the door, walked up to McClurg and shot him in the head, shooting him twice. Defendant ran into McClurg’s house and came out carrying a blanket full of marijuana plants and jars. The three men left, breaking through the locked gate on their way out.