People v. Miller CA2/8

Filed 9/23/16 P. v. Miller CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B263971

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA134400) v.

TIMOTHY TREMAIN MILLER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Tammy Chung Ryu, Judge. Affirmed.

Russell S. Babcock, 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, Paul M. Roadarmel, Jr., and Stacy S. Schwartz, Deputy Attorneys General, for Plaintiff and Respondent.

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We affirm Timothy Tremain Miller’s (defendant’s) convictions for assault with a firearm and attempting to dissuade a witness from testifying. FACTS AND PROCEDURE 1. Assault with a Firearm On December 26, 2013, L.I., a former Blood Stone Piru gang member, went to buy food in an area claimed by the Grape Street Crip gang. Defendant “banged on” L.I., meaning defendant asked L.I. “where [he] was from,” a way of asking about his gang membership. L.I. responded by asking defendant, “Where you from?” Defendant again asked L.I., “Where you from?” L.I. was afraid of defendant, “slugged” him, and tried to run away. Defendant chased L.I. and shot him, hitting his finger. 2. Attempting to Dissuade a Witness On January 4, 2014, defendant asked an unidentified woman to find Melissa because Melissa knew the person who “stole on me [(defendant)].” “Stole on” means being hit without being prepared for it. The same day defendant told an unidentified woman that he would “get ya’ll the name.” The discussion between defendant and the unidentified woman was as follows: “Female: They can’t give even you that much time then, they can’t do that. “Male [Defendant]: Ya, I’m good[.] “Female: Unless, I guess unless the nigga was snitchin or something. “Male: They got his name on there though. I got to read that shit again. I’ll get ya’ll the name though. “Female: Ok.” Five days later a woman told defendant that she had “good news.” She explained that defendant’s uncle “ran into old dude, that you [(defendant)] supposedly, you know,” and “he said he’s going to have him write a statement that you weren’t that guy that supposedly shot him . . . .” Defendant responded: “That’s cool, don’t say nothing else, don’t say nothing else . . . .”