People v. Bryson CA4/2

INTRODUCTION

Defendant Donald Wallace Bryson shot and killed Armando Rodarte in a dispute

over a $40 debt. Defendant claimed he acted in self-defense. A jury convicted defendant

of second degree murder and possession of a firearm by a felon, and found the firearm

allegations true. (Pen. Code §§ 187, subd. (a); 12022.53, subds. (b), (c), (d) and 29800,

subd. (a).)1 2 The court sentenced defendant to a total sentence of 40 years to life.

On appeal, defendant contends the trial court should have allowed evidence that

the victim had been convicted of kidnapping and was on parole, showing his violent

character and motive. Defendant forfeited the claim of error because he did not argue

this theory to support the admission of such evidence. Furthermore, defendant’s self-

defense claim was supported by other independent evidence and the jury knew that the

victim had been recently released from prison. We affirm the judgment.

II

STATEMENT OF FACTS

Various witnesses and types of evidence afforded generally the same account of

what happened on January 2, 2013. At 5:54 a.m. that morning, Rodarte, the victim,

All statutory references are to the Penal Code unless stated…