People v. Butler

Antwaine Devon Butler appeals from his conviction of first degree murder. He claims a violation of his Sixth Amendment confrontation rights based on the trial court’s admission of prior inconsistent statements by two witnesses and evidence of a prior uncharged offense. Appellant also asserts instructional error in the trial court’s refusal to give requested instructions on voluntary manslaughter. We find no Sixth Amendment violation and conclude the evidence of the uncharged offense was relevant and admissible. On this record, the trial court was not required to instruct on voluntary manslaughter.

FACTUAL AND PROCEDURAL SUMMARY

This appeal arises from a murder which occurred on November 21, 2002. The trial court admitted evidence of an incident on November 16, 2002, as relevant to the murder, so we begin our summary with that event.

On the evening of November 16, friends Ronnie, Andre, Tony, Alonso, Clive, Reggie, and Gustavo attended a birthday party in the neighborhood of 42d and Normandie in Los Angeles. Appellant also was at the party, and argued with Reggie. Then, appellant approached Ronnie, claiming that Ronnie was looking at him. Appellant asked if Ronnie knew…