GILBRETH

People v. GILBRETH

Bad Law
156 Cal. App. 4th 53·2007 Cal. App. LEXIS 1711·67 Cal. Rptr. 3d 10
Court of Appeal of CaliforniaSeptember 19, 2007A112477California1,597 words

Opinion

Opinion

Siggins, J.

Chris Thomas Gilbreth appeals his convictions for voluntary manslaughter and possession of a firearm by a convicted felon. Defendant’s principal argument is that his conviction for possession of a firearm by a convicted felon must be reversed because his predicate felony conviction had been reduced to a misdemeanor. We agree with defendant on this point, reverse his conviction for firearm possession, and remand for resentencing. In all other respects we affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Defendant shot and killed his next-door neighbor, Sheldon Amason, as Amason and his tenant, Ray deVeyra, advanced into defendant’s front yard. This was the culmination of a series of incidents that began when Amason moved in next door to the Vallejo home where defendant lived with his pregnant wife and their two-year-old daughter. Defendant’s wife testified that Amason threw frequent wild all-night parties, regularly beat his girlfriend, and threatened defendant’s family and dogs. On one occasion, Amason waved a machete at defendant’s brother-in-law when he was painting a shed in defendant’s backyard. Amason’s girlfriend’s son, Ronnie Faubert, was a convicted child…

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