People v. Bellows CA3

Filed 9/7/16 P. v. Bellows CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C079381

Plaintiff and Respondent, (Super. Ct. No. 12F08241)

v.

DEJOHN ERNEST BELLOWS,

Defendant and Appellant.

This appeal comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). We have reviewed the record and, finding no arguable error that would result in a disposition more favorable to defendant, we affirm the judgment. We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

1

I. BACKGROUND An amended information filed March 16, 2015, charged defendant DeJohn Ernest Bellows with three counts of attempted murder (counts 1-3—Pen. Code, §§ 664/187)1 and two counts of assault with a firearm (counts 4 & 5—§ 245, subd. (a)(2)). As to counts 1 through 3, the information alleged that the crimes were premeditated (§ 664, subd. (a)) and serious felonies (§ 1192.7, subd. (c)), and that defendant intentionally and personally discharged a firearm (§ 12022.53, subd. (c)). As to counts 4 and 5, the information alleged that the crimes were serious and violent felonies (§§ 667.5, subd. (c)(8), 1192.7, subd. (c)(8)), and that defendant personally used a firearm in the commission of the offense (§ 12022.5, subd. (a)(1)). As to all counts, the information alleged a prior strike. (§ 667, subds. (b)-(i).) A jury convicted defendant of assault with a firearm (count 4) and found the firearm use enhancement true as to that count; the jury deadlocked on the remaining counts. Defendant waived jury trial on the prior strike, which the trial court found true in a bifurcated proceeding. The evidence at trial showed the following: In December 2012, Chad Ingram (the alleged victim in count 1) lived with his mother, Denise Gram (the alleged victim in counts 2 & 4), and his sister, Angelica Ward (the alleged victim in counts 3 & 5). Chad Ingram has several felony convictions and, according to his mother, suffers from schizophrenia and paranoia. He had the habit of hanging out in the front yard, next to the driveway where the family parked their cars. On December 26, 2012, three young men who lived in the neighborhood— defendant, Jeff Houston, and Izaiah Flood—stopped by the front yard as Ingram was sitting there. Ingram was friendly with Houston. The men knew Ingram as “Crazy Chad,” but did not have a problem with him.