P. v. Blackwell










Filed 11/22/10 P. v. Blackwell CA2/2




NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, Plaintiff and Respondent, v. WILLIAM BLACKWELL, Defendant and Appellant.

B211086 (Los Angeles County Super. Ct. No. TA085663)

APPEAL from a judgment of the Superior Court of Los Angeles County.
Allen J. Webster, Judge. Affirmed.

Verna Wefald, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Steven E. Mercer, Joseph P. Lee and Tita Nguyen, Deputy Attorneys General, for Plaintiff and Respondent.
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Appellant William Blackwell appeals from his convictions of murder and attempted murder. He contends that the trial court erred in denying his motion to sever the two murder charges that arose from separate incidents. He also contends that the reading of preliminary hearing testimony deprived him of his constitutional right to confrontation and that an in camera hearing with only counsel present deprived him of his rights to confrontation, effective assistance of counsel, and an impartial jury. Finally, he contends that the trial court erred in admitting evidence of threats and violence against a witness. We find no prejudice from the joint trial and no confrontation violation, and appellant's remaining contentions have not been preserved for review. We thus affirm the judgment.
BACKGROUND
1. Procedural History
Appellant was charged with two counts of first degree murder and one count of attempted first degree murder. The information alleged that appellant was a minor over the age of 16, and included the multiple–murder special circumstance pursuant to Penal Code section 190.2, subdivision (a)(3).^[1] In addition, for purposes of punishment under section 186.22, subdivision (b)(4), the information alleged that each of the three crimes was committed for the benefit of, at the direction of, and in association with a criminal street gang, with the specific intent to promote, further, and assist in criminal conduct by gang members. The following sentence enhancements were also specially alleged as to each count: In committing the crime, appellant personally and intentionally discharged a handgun, causing great bodily injury and death, within the meaning of section 12022.53, subdivisions (d) and (e)(1); appellant personally and intentionally discharged a handgun, within the meaning of section 12022.53, subdivisions (c) and (e)(1); and appellant personally used a handgun, within the meaning of section 12022.53, subdivisions (b) and (e).
Prior to trial, appellant filed a motion to sever count 1, the murder of Joshua Cornejo, from counts 2 and 3, the murder of Dennis Morris and the attempted murder of Raymond Cacho.^[2] The trial court denied the motion, finding that appellant had failed to show actual prejudice. The court also found that there would be sufficient cross–admissibility of evidence of gang motive and that the two murders were crimes of the same class, thus qualifying for joinder under section 954.
A jury found appellant guilty as charged and found all the special allegations to be true. The trial court denied appellant's motion for a new trial and, on September 23, 2008, sentenced him to a total of 140 years to life in prison. Appellant filed a timely notice of appeal.
2. Prosecution Evidence
a. Count 1: June 24, 2005, Murder of Joshua Cornejo
Off-duty firefighter Marie Gonzalez had just had her boots polished on June 24, 2005, at approximately 5:00 p.m., and was emerging from the shoeshine shop in the area of 85th Street and South Central Avenue, when she heard gunshots. She testified that after taking cover in the store for a few seconds, she looked around the area, and saw a bicycle and a prone figure surrounded by people saying, â€