People v. Lampkin CA2/7

INTRODUCTION

A jury convicted Devan Lampkin of second degree murder and found true the allegation he personally used a deadly or dangerous weapon in committing the murder. Lampkin argues that the trial court erred in excluding as hearsay a statement he made to police following his arrest, that substantial evidence did not support his conviction for second degree murder, and that the court abused its discretion in denying his motion under People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero) to strike his prior serious or violent felony conviction. Because none of his arguments has merit, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. Lampkin Kills Homer Montez Garcia Lampkin began 2020 with a cup of coffee on New Year’s Day at a 24-hour Mexican restaurant in downtown Los Angeles. Lampkin sat at the bar, “minding his own business,” for an hour or more. Lampkin had been homeless for about 10 years and kept a pocketknife for protection. After drinking his coffee for a while, Lampkin set his knife on the counter to get it “off the side of [his] waistband.” Around that time Homer Montez Garcia came into the restaurant and appeared intoxicated. He sat at the counter…