62 Cal.App.5th 477
Cal. Ct. App.2021Background
- Victim (Mimie Cowen), age 66, lived with defendant Scott Pettigrew; by June 2016 tensions arose after Cowen obtained a temporary restraining order requiring removal of defendant’s dogs.
- On June 14, 2016, an altercation occurred in the house; recorded audio and neighbor testimony captured heated insults and sounds of a struggle.
- Cowen was found dead facedown in the pool with extensive blunt‑force injuries, neck hemorrhaging consistent with strangulation, two broken ribs, and hair clumps consistent with her hair; Cowen’s blood and her DNA under defendant’s fingernails were recovered.
- Officers found Pettigrew nude in his bedroom, handcuffed him, and later took him into custody; while jailed he made two suicide attempts.
- A jury convicted Pettigrew of first‑degree murder, elder abuse (death enhancement true), and a misdemeanor protective‑order violation; court sentenced him to 25 years‑to‑life and imposed a $514.58 booking fee and 1,228 days of presentence custody credit.
- On appeal Pettigrew challenged (1) sufficiency of evidence of premeditation, (2) the court’s use of CALCRIM No. 372 (flight instruction) to cover his postarrest suicide attempts, (3) imposition of the booking fee without an ability‑to‑pay finding, and (4) the presentence credit computation.
Issues
| Issue | Plaintiff's Argument (People) | Defendant's Argument (Pettigrew) | Held |
|---|---|---|---|
| Sufficiency of evidence of premeditation for first‑degree murder | Evidence of multistage, multi‑method attack, motive (restraining order/dogs), and manner support premeditation | Killing was a sudden, alcohol‑fueled rage; evidence supports only second‑degree murder | Affirmed: substantial evidence supports premeditation (manner, some planning, motive) |
| Instructional use of CALCRIM No. 372 (flight) tied to two postarrest suicide attempts | Instruction appropriate to let jury consider consciousness of guilt | Instruction wrongly treated suicide attempts as flight and risked lessening prosecution’s burden | Error to give flight instruction (no evidence of flight) but error was harmless |
| Booking fee imposed without express finding of ability to pay / statutory basis | Fee validly imposed; arrest by city officers means Gov. Code §29550.1 applied and no ability‑to‑pay finding required | Trial court erred by not stating statutory basis and not finding ability to pay (Dueñas line) | No remand needed to clarify statutory basis; if ability‑to‑pay finding required, error harmless beyond reasonable doubt |
| Presentence custody credits calculation | Court’s original computation correct through scheduled sentencing date | Sentencing delayed 21 days; credits understated | People concede; court directs amended abstract to add 21 days (total 1,249 days) |
Key Cases Cited
- People v. Gonzales, 54 Cal.4th 1234 (standard for reviewing evidentiary sufficiency)
- Jackson v. Virginia, 443 U.S. 307 (federal standard for sufficiency of the evidence)
- People v. Anderson, 70 Cal.2d 15 (three‑factor framework for deliberation/premeditation: planning, motive, manner)
- People v. Cage, 62 Cal.4th 256 (premeditation can be formed rapidly; focus on extent of reflection)
- People v. Combs, 34 Cal.4th 821 (use of multiple weapons/methods supports deliberation)
- People v. Jackson, 13 Cal.4th 1164 (upholding consciousness‑of‑guilt/flight instructions against due process challenge)
- People v. Paysinger, 174 Cal.App.4th 26 (discussion of CALCRIM No. 372 and how jurors read the instruction)
- People v. McCullough, 56 Cal.4th 589 (rule on forfeiture and ability‑to‑pay findings for certain fees)
- People v. Dueñas, 30 Cal.App.5th 1157 (due process holding requiring ability‑to‑pay inquiry for some fines/fees)
- People v. Kopp, 38 Cal.App.5th 47 (appellate discussion extending Dueñas reasoning to booking fees)