P. v. McNeiece
Filed 8/4/06 P. v. McNeiece CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
| THE PEOPLE, Plaintiff and Respondent, v. BARBARA ANN McNEIECE, Defendant and Appellant. | E038891 (Super.Ct.No. RIF 118841) OPINION |
APPEAL from the Superior Court of Riverside County. Christian F. Thierbach, Judge. Affirmed.
John L. Dodd, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Ronald A. Jakob and
Jennifer A. Jadovitz, Deputy Attorneys General, for Plaintiff and Respondent.
1. Introduction[1]
A jury convicted defendant of second degree murder with a firearm enhancement in the shooting death of defendant's boyfriend, Jeffrey Kelley. (§§ 187, subd. (a); 1192.7, subd. (c)(8); & 12022.53, subd. (d).) The court sentenced defendant to 15 years to life and 25 years to life, for a total prison term of 40 years.
In her 131-page opening brief, defendant objects to the testimony of the forensic pathologist, which was based on an autopsy report prepared by another pathologist. In addition, defendant raises a number of other evidentiary and instructional issues related to her claim of self-defense.
We conclude there was no prejudicial error committed in the trial court and affirm the judgment.
2. Facts
Many of the facts are derived from the recorded transcript of defendant's police interview.
Defendant owned a gun she had purchased for self-defense a year or two before the present events.
Defendant began dating Kelley in February 2004. Defendant told police both she and Kelley indulged in marijuana and alcohol on a daily basis. Kelley displayed a violent and sadistic character. He had shoved and grabbed defendant, leaving bruises. He told defendant he had once raped his sister when she had passed out from drinking. He liked to shoot at small animals for sport. He was â€
