People v. McGaughy CA2/8

Filed 12/18/15 P. v. McGaughy CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B263748

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. SA088805) v.

CHARLES MCGAUGHY,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Deborah S. Brazil, Judge. Affirmed.

Lise M. Breakey, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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Pursuant to a negotiated agreement, Charles McGaughy pled no contest to a charge of assault with a firearm (Pen. Code, § 245, subd. (a)(2))1 and admitted that he suffered a prior strike conviction (§ 667, subds. (b)-(j)). As agreed, the trial court sentenced McGaughy to an aggregate term of six years in state prison comprised of a middle term of three years, doubled pursuant to the Three Strikes law. We affirm the judgment in accord with the procedures established in People v. Wende (1979) 25 Cal.3d 346. DISCUSSION2 On January 3, 2014, McGaughy and his two brothers, Tyrone and Michael, drove to Memorial Park in Hawthorne where they approached Monte Henderson and Treshawn Phillips. One of the McGaughy brothers asked, “Where are you from?” and another or the same brother called out, “Playboy Crips!” Someone tried to punch Henderson, but he was able to run away. The three McGaughy brothers then began punching Phillips. Tayshawn Craig and Victor Boyd were in the park, saw the attack, and ran over to help Phillips. McGaughy pulled a “small caliber” revolver, “possibly a .22,” from his waistband and fired it at Craig, but did not hit anything. McGaughy and Craig struggled over the gun in the midst of a “fight” between everybody at the scene. Eventually, police arrived and detained almost everyone in the area, save for those who had run away when the police started arriving. Craig said McGaughy had fired a shot him, and told officers that McGaughy had given the gun to someone who had run from the scene. Police apprehended Michael a few minutes later a short distance from the park, after he had been out of sight for a brief period. No gun was recovered, but six .22 caliber bullets were found in McGaughy’s SUV which was parked nearby.