People v. Missey CA4/2

INTRODUCTION

Defendant Aaron Stuart Missey fired a Glock pistol in his residence and

threatened to kill his girlfriend and others. A jury convicted defendant of one count of

making a criminal threat and one count of discharging a firearm with gross negligence.

(Pen. Code, §§ 246.3, subd. (a), and 422.)1 The court imposed a sentence of three years

eight months, which the court then suspended with a grant of supervised probation.

On appeal, defendant argues the court erred in denying a motion to suppress and in

admitting expert ballistics testimony. We conclude there was no error. Furthermore,

even assuming any error, it was harmless beyond a reasonable doubt. We affirm the

judgment.

II

FACTS

In 2009 and 2010, Janet and her young daughter lived in Joshua Tree with

defendant and his young son. Janet had met defendant in 2009 through her “old best

friend,” her former boyfriend. Both men were Marines. During their relationship,

defendant and Janet argued constantly about whether Janet was lying about her

relationship with her former boyfriend. In January 2010, Janet moved back in with the

All further statutory references are to the Penal Code unless stated…