People v. Webb CA1/5

Filed 8/16/16 P. v. Webb CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIRST APPELLATE DISTRICT DIVISION FIVE

THE PEOPLE, Plaintiff and Respondent, A144052 v. DONALD KEVIN WEBB, (Del Norte County Super. Ct. No. CR149029) Defendant and Appellant.

A jury convicted appellant Donald Kevin Webb of first degree burglary (Pen. Code, §§ 459, 460)1 and resisting, obstructing, or a delaying a police officer (§ 148, subd. (a)(1)) and the trial court sentenced him to state prison. Webb appeals. He contends: (1) the court erred by excluding evidence of his codefendant’s guilty plea; (2) the court erroneously admitted evidence of a defense witness’s misdemeanor convictions for impeachment; and (3) trial counsel rendered ineffective assistance by failing to object to inadmissible evidence. We affirm. FACTUAL AND PROCEDURAL BACKGROUND The prosecution charged Webb and Zachariah Dungan with first degree burglary (§§ 459, 460) and resisting, obstructing, or a delaying a police officer (§ 148, subd. (a)(1)). The information alleged various sentencing enhancements. Before trial, Dungan pled guilty to burglary (§ 459).

1 Unless noted, all further statutory references are to the Penal Code. 1

Prosecution Evidence On a wet and rainy January 2014 morning, 72-year-old Karen Barkhurst was at home on Lower Lake Road in Crescent City. From her bedroom, Barkhurst heard her burglar alarm and went downstairs to investigate. Barkhurst did not see anything unusual, so she returned upstairs and closed and locked her bedroom door. Barkhurst “continued hearing a noise” so she “grabbed [her] pistol,” opened her bedroom door, and saw two young men wearing dark hooded sweatshirts “standing right there in front of [her].” One man said “‘she’s got a gun’” and both men ran. Barkhurst saw the men’s faces for “[s]econds, if that.” She chased the men “as fast as [she] could” and saw them leaving her driveway in a gray car. Barkhurst called 911 and told the operator “two boys” broke into her house and left in a gray four-door sedan similar to a Toyota Celica that “sounded like it needed a muffler.”2 She said one boy wore a black hooded sweatshirt and the other a “gray sweatshirt with a hood over him.” Barkhurst told the 911 operator she could not see the boys’ faces. Later that day, Barkhurst noticed her “garage had been ransacked” and her spare car key, safe deposit box key, garage door opener, and identification card were missing. Del Norte Sherriff’s Sergeant Gene McManus received a dispatch of a burglary in progress on Lower Lake Road. According to dispatch, “[t]wo white male adults, one in a black hoodie, one in a gray sweatshirt” fled in gray car “similar to a Toyota” and were driving southbound on Lower Lake Road. Shortly thereafter, Sergeant McManus saw a gray Honda sedan with at least two occupants on Lower Lake Road. Sergeant McManus tried to stop the car, but it accelerated away from him. He followed the Honda for approximately half a mile; eventually, the car stopped at a dead end. Three people got out of the car: a male driver, a male front passenger, and a female back seat passenger.