People v. Fulton

HERNDON, J. By the verdict of the jury in this case, appellant was found guilty of first degree murder. On this appeal from the judgment, appellant states his basic contentions as follows: (1) “The defendant was denied due process of law because the conviction against him was based upon evidence so unreliable that it was illegal as a matter of law; ’ ’ and (2) “The judgment should be reversed or a new trial granted because the defendant was denied his constitutional right to the effective aid of counsel. ’ ’

Our review has led us to the conclusion that the evidence of appellant’s guilt is strong, convincing and entirely sufficient [161]to support the jury’s finding that appellant shot and killed one Lawrence Gomez and that the murder was a wilful, deliberate, and premeditated killing with malice aforethought. Further, we hold that the record provides no support for appellant’s contention that his trial counsel failed to provide him with competent and effective representation.

Lawrence Gomez, the victim of the murder, was the driver of a delivery truck for the Sparkletts Water Company. He was making deliveries on Bast 101st Street in Los Angeles about 4:30 in the afternoon of March 15, 1966. The witness Dorothy Blankenship, who resided in the vicinity, observed a group of young Negroes engaged in “rock and bottle throwing at passing cars.” A few minutes later she heard a gunshot. She looked from her window and saw Gomez “slump over ’ ’ and fall to the ground.

The witness Middie Jean Metoyer resided on 102d Street. She was able to observe the scene of the killing through a window of her residence. On the afternoon of the murder, her attention was called to appellant as he passed her house by one Charles Price, Jr. Price commented upon the fact that appellant was carrying a gun as he walked past the Metoyer home. Mrs. Metoyer testified that appellant had a small gun in his hand about the size of the .22 caliber Colt Derringer which had been identified and received in evidence as the murder weapon.

Approximately 30 minutes later while observing from the window, she saw the delivery man of the Sparkletts Water Company walking toward his truck. She saw six or seven “youngsters start toward him.” Appellant was standing on the sidewalk. The delivery man “looked up.” Appellant “pulled out a gun” and “fired two or three times” in the 1 ‘ direction of the water man. ’ ’ At the time appellant fired the gun, Mrs. Metoyer saw no other young men with guns.