People v. Billie

10 Cal. App. 5th 434, 216 Cal. Rptr. 3d 690, 2017 WL 1230412, 2017 Cal. App. LEXIS 302
CourtCalifornia Court of Appeal
DecidedApril 4, 2017
Docket2d Crim. B265958
StatusPublished
Cited by3 cases

This text of 10 Cal. App. 5th 434 (People v. Billie) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Billie, 10 Cal. App. 5th 434, 216 Cal. Rptr. 3d 690, 2017 WL 1230412, 2017 Cal. App. LEXIS 302 (Cal. Ct. App. 2017).

Opinion

PERREN, J.

*435 A defendant has a constitutional right to represent himself at trial. ( Faretta v. California (1975) 422 U.S. 806 , 819, 95 S.Ct. 2525 , 45 L.Ed.2d 562 ; People v. Welch (1999) 20 Cal.4th 701 , 729, 85 Cal.Rptr.2d 203 , 976 P.2d 754 .) The trial court has a concomitant duty to ensure that the proceedings are conducted in an orderly fashion and, upon a proper showing, to physically restrain the defendant for his own safety and that of others in the courtroom. ( *436 People v. Combs (2004) 34 Cal.4th 821 , 837-838, 22 Cal.Rptr.3d 61 , 101 P.3d 1007 .) Inevitably, use of physical restraints will impair the self-represented defendant's ability to move around the courtroom. It also is difficult to conceal the restraints from the jury's view. Here the trial court conscientiously sought to balance the defendant's right to self-representation with its concern for the safety of the defendant, deputies, jurors and others in the courtroom. We believe the court properly struck that balance.

Appellant Robert Lee Billie was charged with attempted murder (Pen. Code, §§ 664, 187, subd. (a) ), 1 with special allegations of personal infliction of great bodily injury (§ 12022.7, subd. (a)), and personal use of a deadly weapon (§ 12022, subd. (b)(1); count 1); and assault with personal use of a deadly weapon (§ 245, subd. (a)(1)), with the special allegation of personal infliction of great bodily injury (§ 12022.7, subd. (a); count 2). The charges resulted from events occurring on May 16, 2013.

Both counts alleged that the offenses were second strikes (§§ 667, subds. (d)(2) & (e)(1), 1192.7, subd. (c)(8)), that appellant had suffered a prior conviction of a serious felony (§ 667, subd. (a)(1)), and that he had served a prior prison term (§ 667.5, subd. (b)). It also was alleged that appellant was ineligible to serve a state prison sentence in county jail because the alleged offenses were serious or violent felonies (§§ 1192.7, subd. (c), 667.5).

Appellant represented himself at trial, assisted by advisory counsel. He elected to bifurcate trial on the current alleged offenses from the trial on an alleged prior strike conviction and to waive jury trial on the alleged prior conviction.

The jury deadlocked on count 1 and the trial court declared a mistrial on that count. The jury found appellant guilty of count 2 and found true the special allegation. The prosecution dismissed count 1.

The trial court found the prior conviction true as alleged. It sentenced appellant to the upper term of four years in state prison on count 2, doubled to eight years as a second strike under section 667, subdivision (e)(1). The court sentenced appellant to a consecutive three-year term for the enhancement under section 12022.7, subdivision (a), and a five-year consecutive term pursuant to section 667, subdivision (a)(1), for a total term of 16 years. Appellant was awarded 531 days of presentence custody credit.

Appellant contends the trial court erred by requiring him to wear restraints during *692 trial and by admitting evidence of his prior assault conviction. We affirm. *437 FACTS

Appellant and the victim, William Littrice, had known each other for years. They met while working for Second Chance, an organization that takes employees by van to different cities to sell candy door-to-door. A crew of 10 to 14 people, working on commission, go out for approximately two weeks at a time. Appellant and Littrice sometimes worked together on these crews. Littrice knew appellant by the name Robert Goodman.

In January 2013, appellant, Littrice and Roderick Van Tyree (Tyree) were selling candy in San Luis Obispo. Appellant and Littrice had a dispute, during which appellant attacked and repeatedly struck Littrice with a bottle wrapped in cloth. During the fight, Littrice allegedly swung a knife at appellant, cutting him in the abdomen.

On May 16, 2013, appellant was again working with a crew from Second Chance in the Santa Barbara area. The crew was comprised of Melody Moore, appellant and several others. Littrice and Tyree also were working in the same area, but not with Second Chance. Both crews were staying at the Motel 6 in Carpinteria.

While Moore was speaking with Littrice at the motel, she saw appellant walking towards them. Littrice thought appellant said, "What up, Blood?" Moore heard, "What up, motherfucker?" or "What up, nigger?" Tyree saw appellant push Moore into Littrice and then strike him in the neck area. Tyree thought appellant had hit Littrice with his fist until he saw appellant pull away with a "knife or something" in his hand. Tyree saw blood flowing from Littrice's neck, and realized Littrice had been hit with a weapon.

Moore saw the knife after it came out of Littrice's neck. The blade was silver and about five inches long. When blood started gushing from the wound, Moore ran to tell her husband. As appellant walked away, he told Moore's husband to mind his own business or he would kick his ass.

Tyree brought Littrice to their room, put a towel on his neck and called the police and an ambulance. When Santa Barbara Deputy Sheriff Bradley Bordon arrived, he found Littrice bleeding from the neck. Paramedics took Littrice to the hospital, where it was determined the wound was not life-threatening.

Bordon interviewed Littrice at the hospital. Littrice told him that "Robert Goodman" had stabbed him and that there had been a previous altercation between them at another motel. An arrest warrant issued, but it took police nearly one year to arrest appellant.

*438 DISCUSSION

Use of Restraints During Trial

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Cite This Page — Counsel Stack

Bluebook (online)
10 Cal. App. 5th 434, 216 Cal. Rptr. 3d 690, 2017 WL 1230412, 2017 Cal. App. LEXIS 302, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-billie-calctapp-2017.