People v. Stern

3 Cal. Rptr. 3d 479, 111 Cal. App. 4th 283, 2003 D.A.R. 9198, 2003 Cal. Daily Op. Serv. 7336, 2003 Cal. App. LEXIS 1238
CourtCalifornia Court of Appeal
DecidedAugust 14, 2003
DocketB158338
StatusPublished
Cited by10 cases

This text of 3 Cal. Rptr. 3d 479 (People v. Stern) 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. Stern, 3 Cal. Rptr. 3d 479, 111 Cal. App. 4th 283, 2003 D.A.R. 9198, 2003 Cal. Daily Op. Serv. 7336, 2003 Cal. App. LEXIS 1238 (Cal. Ct. App. 2003).

Opinions

Opinion

TURNER, P. J.

I. INTRODUCTION

In another case, defendant, Scott Frank Stem, stabbed an unidentified man during a fight in Hollywood. The Hollywood stabbing was not charged in this case. The Hollywood stabbing occurred several days before defendant made a threatening telephone call to the victim in this case, Kevin Hird. During the telephone call, defendant threatened the lives of Mr. Hird’s family. Defendant also threatened to kill Mr. Hird. Additionally, defendant threatened to slit Mr. Hird’s mother’s throat. Mr. Hird was told he would be forced to watch his mother’s throat being slit. In the telephone conversation, defendant claimed to have stabbed somebody else in the throat several nights earlier. The trial court ruled that the Hollywood stabbing was admissible in this case to support the credibility of Mr. Hird’s testimony concerning the threat during the telephone call to slit his mother’s throat. The trial court’s ruling was based in part on the “Truth-in-Evidence” provisions of article I, section 28, subdivision (d) of the California Constitution. We conclude the “Truth-in-Evidence” provisions of article I, section 28, subdivision (d) of the California Constitution vested the trial court with discretion to permit brief testimony by two witnesses concerning the Hollywood stabbing incident to corroborate Mr. Hird’s recollection of the promise to slit his mother’s throat during the threatening telephone call.

[287]*287H. BACKGROUND

Defendant was originally charged in an amended information with: attempted murder (Pen. Code1, §§ 187, 664, subd. (a), counts 1 and 2); discharging a firearm into an automobile (§ 246, count 3); stalking (§ 646.9, subd. (a), count 4); criminal threat (§ 422, count 5); dissuading a witness by threat or violence (§ 136.1, subd. (c)(1), count 6); and misdemeanor resisting arrest. (§ 148, subd. (a)(1), count 7.) Prior to the commencement of jury selection, defendant pled no contest to the count 7 misdemeanor resisting arrest charge.

The jury acquitted defendant of attempted murder as charged in counts 1 and 2 but was unable to reach a verdict as to the lesser included offense of attempted voluntary manslaughter. A mistrial was declared as to the lesser included offenses of attempted voluntary manslaughter as to counts 1 and 2. Defendant was convicted though of shooting at an occupied automobile as charged in count 3. As to count 3, the jury found that defendant used a firearm within the meaning of section 12022.5, subdivision (a)(1). Defendant was also convicted of stalking as charged in count 4. As to count 5, defendant was convicted as charged of making a criminal threat. As to count 6, defendant was convicted of attempting to dissuade a witness within the meaning of section 136.1, subdivision (a)(2).

We view the evidence in a light most favorable to the judgment. (Jackson v. Virginia (1979) 443 U.S. 307, 318-319 [61 L.Ed.2d 560, 99 S.Ct. 2781]; People v. Osband (1996) 13 Cal.4th 622, 690 [55 Cal.Rptr.2d 26, 919 P.2d 640]; Taylor v. Stainer (9th Cir. 1994) 31 F.3d 907, 908-909.) Brooke Duitsman met defendant in October 1998, when he visited her in Indianapolis. Ms. Duitsman was accompanied by her friend, Stan Sakowski. Ms. Duitsman spent time with defendant during his visit. Thereafter, Ms. Duitsman occasionally spoke with defendant on the phone when she telephoned Mr. Sakowski. Ms. Duitsman had a friendship with defendant rather than a romantic relationship. Ms. Duitsman visited defendant in California over the weekend of October 31, 1998, during which time they slept together. However, Ms. Duitsman believed this was a one-time sexual encounter. She returned to Indianapolis. Ms. Duitsman continued to speak to defendant by telephone. In February 1999, Ms. Duitsman moved to defendant’s apartment in California. Ms. Duitsman wanted to get away from Indianapolis because she had broken up with her boyfriend. Defendant had offered to “help [her] out.” Ms. Duitsman had her own bedroom in defendant’s house. Defendant did not kiss her, hold her hand, or otherwise indicate he wanted to start a romantic relationship.

[288]*288Ms. Duitsman started working at an art supply store in early March 1999. In early April, Ms. Duitsman arrived home at 2:00 or 3:00 a.m. Defendant was very angry. Defendant called Ms. Duitsman a “slut” and “whore.” Defendant continued to yell at Ms. Duitsman for one-half hour to one hour. In the morning, defendant continued to yell at Ms. Duitsman. Defendant threw a fighter at Ms. Duitsman while she was still in bed. Later that morning, defendant continued to call Ms. Duitsman names and threw her purse against the wall.

Ms. Duitsman began dating Mr. Hird shortly thereafter. Defendant was aware that Ms. Duitsman received telephone calls from Mr. Hird. Defendant appeared to be upset about Ms. Duitsman’s contact with Mr. Hird. On one occasion, while Ms. Duitsman was speaking with Mr. Hird on the telephone, defendant threw over the kitchen table, yelled at her, and disconnected the call. Defendant backed Ms. Duitsman into a comer and continued to yell at her. Ms. Duitsman called the police and reported that she was feeling threatened by defendant. When the police called back later, defendant told them there was no problem.

Ms. Duitsman began a sexual relationship with Mr. Hird in late May. Ms. Duitsman occasionally spent the night at Mr. Hird’s home. Defendant continued to “yell” at Ms. Duitsman about the time she spent with Mr. Hird. Ms. Duitsman explained to defendant she owed “no obligation” to him because they were not in a relationship. On one occasion in May, defendant was upset with Ms. Duitsman about her relationship with Mr. Hird. Defendant knocked Ms. Duitsman down on the couch. Defendant landed on top of Ms. Duitsman with his knee on her chest and face and began choking her. After a while, defendant let Ms. Duitsman get up. Ms. Duitsman had tom his shirt in the struggle. Defendant then ripped off Ms. Duitsman’s blouse. Ms. Duitsman called the police and went outside to wait for them. However, the police never arrived. Ms. Duitsman packed some of her belongings to place them in storage. Defendant apologized. Defendant told Ms. Duitsman he did not want her to leave. Thereafter, Ms. Duitsman stayed with friends, including Mr. Hird.

In mid-June, Ms. Duitsman went to Las Vegas with Mr. Hird over a weekend. Ms. Duitsman falsely told defendant that she went to Las Vegas with a friend. Ms. Duitsman falsely identified the friend as a woman named Celeste. Ms. Duitsman went to defendant’s house on the following Monday to care for her dog. Ms. Duitsman described what happened then as follows, “He ... said that he knew I hadn’t gone to Las Vegas with Celeste; and he said why don’t you admit it, and I said okay.” Defendant told Ms. Duitsman to get out of the house. When Ms. Duitsman tried to get her dog, defendant first blocked her way, then grabbed her by the back of her head and threw her [289]*289out of the screen door. Ms. Duitsman fell onto the porch. Ms. Duitsman was crying and saying: “Please, let me get my dog. My purse is still in the house.” Defendant told her, “No.” Defendant took her keys and broke her car key in half. Defendant yelled at Ms. Duitsman. Defendant told her he was going to kill her and Mr. Hird as well as her family members. When Ms.

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People v. Stern
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Bluebook (online)
3 Cal. Rptr. 3d 479, 111 Cal. App. 4th 283, 2003 D.A.R. 9198, 2003 Cal. Daily Op. Serv. 7336, 2003 Cal. App. LEXIS 1238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-stern-calctapp-2003.