People v. McNeil CA2/4

Filed 8/15/16 P. v. McNeil CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B265374

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA420169) v.

CARL McNEIL,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Michael D. Carter, Judge. Affirmed. Christine C. Shaver, 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, Shawn McGahey Webb and Ilana Herscovitz, Deputy Attorneys General, for Plaintiff and Respondent.

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INTRODUCTION Carl McNeil appeals from a sentence of 100 years to life, following his convictions for three counts of attempted murder. He contends that eyewitness identification of him as the shooter was not credible. For the reasons set forth below, we conclude there is sufficient evidence to support the convictions. Accordingly, we affirm. PROCEDURAL HISTORY A jury found appellant guilty of the attempted murder of Chenika Carter, 1 Kindu Carter, and Yvonne Pamela Hargrave (Pen. Code, §§ 664, 187, subd. (a)). The jury also found true the allegations that appellant personally used and intentionally discharged a handgun, causing great bodily injury to the three victims (§ 12022.53, subds. (b), (c), (d)). In a bifurcated bench trial, the trial court found true the allegations that appellant had suffered two strikes within the meaning of the “Three Strikes” law (§§ 667, subds. (b)-(j), 1170.12), and that he had served five prior prison terms (§ 667.5, subd. (b)). The trial court heard and denied appellant’s motion for a new trial based on purported lack of evidence that he was the shooter. It sentenced appellant to 100 years to life in state prison. On June 25, 2015, appellant timely noticed an appeal from the convictions and sentence. FACTUAL BACKGROUND In December 2013, June Martin and her daughter, Ayana Herron, lived in unit D in an apartment building located at 4141 Muirfield in Los Angeles. Chenika Carter, Kindu Carter, Yvonne Pamela Hargrave, and Heavenly Jenkins lived in unit C, across the hall. On the evening of December 11, 2013, Chenika, Hargrave and Heavenly had an argument. Shortly thereafter, Heavenly’s mother -- later 1 All further statutory references are to the Penal Code.