People v. Barkus CA2/4

Filed 9/16/22 P. v. Barkus CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B313889 (Los Angeles County Plaintiff and Respondent, Super. Ct. No. TA152470)

v.

TRAVAL BARKUS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Teresa P. Magno, Judge. Reversed in part and affirmed as modified. Adrian Dresel-Velasquez, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Kenneth C. Byrne, Supervising Deputy Attorney General, and Allison H. Chung, Deputy Attorney General, for Plaintiff and Respondent. A jury convicted appellant Traval Barkus of two counts of assault with a firearm (Pen. Code, § 245, subd. (a)(2)),1 and two counts of felon in

1 Undesignated statutory references are to the Penal Code.

possession of a firearm (§ 29800, subd. (a)(1)). Appellant does not challenge his convictions for assault with a firearm. Instead, he contends, and the Attorney General agrees, that we must reverse one of his convictions for felon in possession of a firearm, as both convictions were based on appellant’s continuous possession of the same firearm. We agree with the parties and reverse the judgment on count 7, one of appellant’s convictions for felon in possession of a firearm.2 In all other respects, we affirm the judgment.

BACKGROUND3 1. Prosecution Evidence Laquita Davis lived in a second-floor apartment located on Wilmington Avenue in Watts with her mother (Faye Sparrow), nephew (Kevin Gallagher), niece (Te’ona Green), and two sisters (Claudia Thomas and Eboni Hampton). Hampton and Sparrow testified that around 9:00 p.m. on July 22, 2020, appellant, who had “on and off” relationship with Davis, parked a blue SUV in the street blocking the apartment complex driveway. Davis was standing in the driveway. From inside his vehicle, appellant seemed to be arguing with Davis, who walked away from appellant’s car and up the stairwell and into her apartment. Having heard the commotion, Sparrow walked out of the apartment toward the stairwell, where Hampton, Gallagher, and Green were walking. Both Sparrow and Hampton asked appellant to leave. Appellant cursed at the women and yelled for Davis to “bring her ass outside.” As she