People v. Guimary CA2/4

Filed 12/21/15 P. v. Guimary CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B258740

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA088042) v.

ROMY GUIMARY,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Gary J. Ferrari, Judge. Affirmed as Modified. Victoria H. Stafford, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, James William Bilderback II and Jaime L. Fuster, Deputy Attorneys General, for Plaintiff and Respondent.

A jury convicted defendant and appellant Romy Guimary of one count each of first degree murder (Pen. Code, § 187, subd. (a)),1 assault with a firearm (§ 245, subd. (a)(2)), and possession of a firearm by a felon (§ 12021, subd. (a)(1)). The jury also found gang and firearm allegations to be true. (§§ 186.22, subd. (b)(1)(C), 12022.5, 12022.53, subds. (b), (c), (e).) The trial court sentenced appellant to a total term of 62 years to life. Appellant contends the trial court erred in denying his request for jury instructions on self-defense and manslaughter. He further contends, and the People concede, that he is entitled to an additional 19 days in presentence custody credits. We order the abstract of judgment modified to reflect the additional custody credits and otherwise affirm.

BACKGROUND2 On February 8, 2011, around 2:00 a.m., Andrew Anderson and Robert Jalomo were standing outside a house on I Street in Wilmington. Anderson and Jalomo were members of a gang, the Westside Wilmas. They decided to walk to Anderson’s girlfriend’s house to smoke marijuana. Appellant and another person rode bicycles down the street toward Anderson and Jalomo, got off, and put their bicycles down.3 Appellant and his companion were in the street on the other side of a parked truck from Anderson and Jalomo, who were on the sidewalk. Appellant was wearing a Washington