People v. Millbrook
222 Cal. App. 4th 1122
| Cal. Ct. App. | 2014Background
- Millbrook shot and seriously injured Manoa and also struck Galvan during a party in San Leandro; jury convicted Millbrook of attempted murder, assault with a firearm on Manoa, and assault with a firearm on Galvan, with other enhancements; the jury could not reach a verdict on the willful, deliberate, and premeditated allegation for attempted murder and the court dismissed that allegation.
- Millbrook carried a gun into Placencia’s party, claimed he feared for his safety, and testified he acted to protect Diaz; the shooting occurred amid a heated dispute involving Diaz, Manoa, and Velez, with Galvan intervening.
- Trial testimony showed Manoa, a large and aggressive participant, had been belligerent throughout the night and had confronted Diaz, including insults directed at Diaz prior to the shooting; Millbrook claimed Manoa threatened him and pulled or appeared to pull a gun.
- A prior August 2008 incident where Millbrook brandished a gun during a confrontation with Michael Pina was admitted at trial to prove a possible common plan, but the court limited its use; evidence was ultimately found harmless.
- The trial court issued self-defense instructions and an imperfect self-defense theory; Millbrook requested a heat-of-passion instruction, which the court did not sua sponte give; the court later held the heat-of-passion instruction warranted.
- On appeal, the First Appellate District reversed Millbrook’s conviction for attempted murder, ordered retrial or modification to attempted voluntary manslaughter, affirmed the assault convictions, and left open the timing of retrial and modification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the failure to instruct heat of passion affected verdict | Millbrook argues the lack of heat-of-passion instruction requires reversal. | People argues no reversible error or that error was harmless or not preserved. | Reversed attempted murder for heat-of-passion error; retrial possible or modify to manslaughter. |
| Whether evidence supports attempted murder | Evidence supported intent to kill beyond reasonable doubt. | Evidence insufficient to prove intent beyond reasonable doubt if heat-of-passion applied. | Sufficient evidence supports attempted murder; retrial option remains if not modified. |
| Admission of uncharged prior incident (Pina) | Evidence tended to show a common plan to use a gun; probative value. | Unduly prejudicial and not relevant to the charged acts. | Harmless error; does not require reversing remaining convictions. |
| Juror dismissal | Juror noted concerns about defense counsel should have been dismissed. | No demonstrable inability to perform duties; denial was proper. | Denial of motion to dismiss juror proper; no federal due process violation. |
| Cumulative error | Cumulative errors justify reversal of convictions other than assault. | Errors, if any, do not warrant reversal of remaining convictions. | Cumulative error not grounds for reversal of remaining convictions; focus on attempted murder reversal. |
Key Cases Cited
- People v. Beltran, 56 Cal.4th 935 (Cal. 2013) (heat-of-passion standard and its application in murder-related cases)
- People v. Breverman, 19 Cal.4th 142 (Cal. 1998) (duty to instruct on lesser included offenses; Watson standard)
- People v. Watson, 46 Cal.2d 818 (Cal. 1956) (harmless error standard for constitutional violations)
- People v. Moye, 47 Cal.4th 537 (Cal. 2009) (two-part test for heat-of-passion instruction; subjective and objective components)
- People v. Barton, 12 Cal.4th 186 (Cal. 1995) (substantial evidence for heat-of-passion instruction; appellate review)
- People v. Thomas, 218 Cal.App.4th 630 (Cal. App. 2013) (heat-of-passion instruction in noncapital homicide case; relevance to prejudice)
- People v. Ewoldt, 7 Cal.4th 380 (Cal. 1994) (evidence admissibility for common plan; balancing probative value and prejudice)