P. v. Morgan
Filed 9/29/10 P. v. Morgan CA4/1
TO BE PUBLISHED IN 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 This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE,
Plaintiff and
Respondent,
v.
JERMAIN ONZE MORGAN,
Defendant and
Appellant.
D055382
(Super. Ct. No. SCE283119)
APPEAL from a judgment of the Superior Court of San Diego
County, Allan J. Preckel, Judge. Affirmed.
I.
INTRODUCTION
A jury found Jermain Onze Morgan
guilty of attempted first degree murder
(Pen. Code, §§ 664, 187, subd. (a), 189)[1] (count 1), assault with a firearm (§ 245,
subd. (a)(2)) (count 2), and mayhem (§ 203) (count 3). With respect to counts 1 and 3, the jury
found that Morgan intentionally and personally discharged a firearm and
proximately caused great bodily injury to the victim (§ 12022.53, subd.
(d)). With respect to count 2, the
jury found that Morgan personally used a firearm (§ 12022.5, subd. (a)),
and personally inflicted great bodily injury on the victim (§ 12022.7,
subd. (a)). On count 1, the trial
court sentenced Morgan to prison for life with the possibility of parole for
the underlying offense, plus 25 years to life for the section 12022.53,
subdivision (d) enhancement. The court
imposed and stayed imposition of the sentences on counts 2 and 3 pursuant to
section 654.[2]
II.
FACTUAL BACKGROUND
A.
1. The
shooting
On the evening of August 4, 2008, the victim, Brian Siefken, went to a party at
Morgan's residence, at 4039 North Bonita in Spring Valley. Siefken had known Morgan for about seven
years. Before he went to the party,
Siefken had been drinking alcohol and smoking marijuana. At the party, Siefken and Morgan drank beer
and smoked marijuana. At some point
during the evening, Siefken asked Morgan if Morgan had seen Siefken's
skateboard. Morgan replied that he
thought someone had stolen Siefken's skateboard. Morgan went to a closet, pulled out several
skateboards, and offered to let Siefken borrow one. Siefken picked out a skateboard and then left
the party.
Siefken rode the skateboard away from Morgan's house on North
Bonita. As he was riding down a hill,
Siefken fell off the skateboard and hit his head. The skateboard rolled away. Siefken looked for the skateboard for about
five or ten minutes, but could not find it.
Siefken went back to Morgan's house and told Morgan that he had lost the
skateboard.
Morgan became enraged. Morgan grabbed some keys and yelled at
Siefken, "Come on. Let's
go." Siefken followed Morgan out of
the residence. Morgan and Siefken got
into Morgan's mother's red Chevrolet Blazer.
As Morgan drove down the street, he was yelling at Siefken for having
lost the skateboard. After approximately
three minutes, Morgan ordered Siefken out of the Blazer and told him to look
for the skateboard. Siefken got out of
the vehicle and began to look for the skateboard. Siefken noticed that Morgan had started to
drive away. Shortly thereafter, Siefken
heard the sound of a vehicle braking.
Siefken stood up and turned around.
When Siefken turned around, he saw Morgan leaning out of the window of
the Blazer, pointing a .22-caliber rifle at Siefken's face. The rifle was about three to four feet from
Siefken's face. As Siefken put his hands
up, Morgan shot Siefken in the face.
Arlie Golish was in his house at 4015 North Bonita on the
night of the shooting. Golish testified
that he heard two people arguing outside his house. Although his view was partially obstructed,
Golish could see a man in the driver's seat of a vehicle, leaning out of the vehicle. The man in the driver's seat was demanding
that another man return a skateboard.
Golish could not see the other man, but he heard that man say,
"Please, I don't have it."
After Golish turned away, he heard the driver of the vehicle say,
"You know I'll shoot you, don't youâ€
| Description | A jury found Jermain Onze Morgan guilty of attempted first degree murder (Pen. Code, §§ 664, 187, subd. (a), 189)[1] (count 1), assault with a firearm (§ 245, subd. (a)(2)) (count 2), and mayhem (§ 203) (count 3). With respect to counts 1 and 3, the jury found that Morgan intentionally and personally discharged a firearm and proximately caused great bodily injury to the victim (§ 12022.53, subd. (d)). With respect to count 2, the jury found that Morgan personally used a firearm (§ 12022.5, subd. (a)), and personally inflicted great bodily injury on the victim (§ 12022.7, subd. (a)). On count 1, the trial court sentenced Morgan to prison for life with the possibility of parole for the underlying offense, plus 25 years to life for the section 12022.53, subdivision (d) enhancement. The court imposed and stayed imposition of the sentences on counts 2 and 3 pursuant to section 654. |
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