People v. Dunbar CA1/4

Filed 2/2/21 P. v. Dunbar CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, Plaintiff and Respondent, A158815 v. EDDIE LAMAR DUNBAR, (Alameda County Super. Ct. No. 17-CR-033186) Defendant and Appellant.

Defendant Eddie Lamar Dunbar appeals a judgment convicting him of assault with a semiautomatic firearm and unlawful possession of a firearm by a felon and sentencing him to 33 years in prison. On appeal, he contends the trial court failed to sua sponte instruct the jury that the exercise of self- defense does not require a defendant to retreat and that the trial court abused its discretion in denying defense counsel’s motion to withdraw. We find no error and shall affirm the judgment. Background Defendant was charged with attempted murder (Pen. Code,1 §§ 187, subd. (a), 664), assault with a semiautomatic firearm (§ 245, subd. (b)), and possession of a firearm by a felon (§ 29800, subd. (a)(1)). The information alleged further that defendant personally used a firearm and inflicted great

1 All statutory references are to the Penal Code.

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bodily injury (§§ 12022.53, 12022.7, 12022.5) and that defendant previously suffered a serious felony conviction (§§ 667, subds. (a)(1), (e)(1) and 1170.12, subd. (c)(1)) and served two separate terms of imprisonment (§ 667.5, subd. (b)). The following evidence was presented at trial: On the evening of August 15, 2017, the victim, heavily intoxicated, walked from his uncle’s apartment to a nearby convenience store. As he was returning to the apartment, he was shot once in the leg. The victim could not recall being shot or identify his assailant. Detectives were able to identify defendant as the shooter from video footage taken on security cameras at the location of the shooting. The video recordings show the victim walking by defendant in a vehicle as the victim entered the convenience store and later his being shot as he was walking on the sidewalk. It also shows defendant’s vehicle driving in the roadway next to the victim and the shots being fired from the vehicle. At trial defendant admitted that he shot the victim but claimed that he was acting in self-defense. Defendant testified that as a result of his exposure to violence growing up, he suffers from post-traumatic stress disorder, fears for his life, and carries a handgun for protection. Just before the shooting, defendant and his cousin were sitting in his vehicle outside of the store when the victim walked by and said, “Bitch-ass nigga, I’ll kill you.” This threat caused defendant to fear for his life. He did not know the victim and worried that he might be armed. Defendant watched the victim walk “aggressively” into the store and interact with another person and saw him rip down a sign as he left the store. With his cousin driving and defendant in the passenger seat, they followed the victim in their car because defendant wanted to know why the