People v. Wilson CA2/7

Filed 4/27/21 P. v. Wilson CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B302675

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA105002) v.

WILLIAM EARL WILSON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Richard R. Romero, Judge. Affirmed. Kelly C. Martin, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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William Earl Wilson was convicted following a jury trial of voluntary manslaughter (Pen. Code, § 192, subd. (a)). In his initial appeal we held the trial court had applied an incorrect standard in denying Wilson’s motion for a new trial and remanded the matter with directions to rehear the motion. (People v. Wilson (May 13, 2019, B285594) [nonpub. opn.].) On remand the trial court again denied Wilson’s motion. No arguable issues have been identified following review of the record by Wilson’s appointed appellate counsel or our own independent review. We affirm. FACTUAL AND PROCEDURAL BACKGROUND 1. Wilson’s Conviction and New Trial Motion Our prior opinion discusses in detail the evidence presented at trial. In brief, Wilson killed Jacob Howard by inflicting a two- inch deep knife wound below Howard’s collar bone. The wound proved fatal because it cut the subclavian artery, which led to rapid blood loss. The prosecution’s theory was that, even if Howard had been the initial aggressor, given their large differences in age, body weight and height, Wilson was easily able to overpower Howard. At that point, Wilson became the aggressor and did not act in self-defense. The prosecution played for the jury the 911 emergency call during which, among other things, Wilson stated that somebody had attempted to stab him, so he “stabbed back.” The prosecution also offered the testimony of eyewitness Bunnie McMillian in whose apartment the fatal altercation took place. McMillian testified he woke up in the middle of the night to the sound of thumping noises. When he walked into the hallway and looked into the living room, he saw Howard slumped down on a chair with Wilson on top of him. Wilson had both of his hands on