People v. Whitley CA4/2
Opinion
Opinion
I.
INTRODUCTION
A jury convicted defendant and appellant, Aaron Whitley, of two counts of assault
with a deadly weapon, a motor vehicle (Pen. Code, § 245, subd. (a)(1); counts 1 & 2),
and the trial court sentenced him to four years in prison. On appeal, defendant argues the
trial court prejudicially erred by admitting evidence that he tried to apologize to one of
the victims. We find no abuse of discretion and affirm the judgment.
II.
FACTUAL AND PROCEDURAL BACKGROUND
One of the victims, K.H., was living in an apartment with his mother and Gary T.,
who K.H. considers to be his “stepdad.” K.H.’s girlfriend, D.S., drove K.H. to his
apartment. When they arrived, they noticed defendant’s car in D.S.’s usual parking spot
outside of the apartment. Defendant, a close friend of Gary’s for 30 years, was visiting
Gary.
K.H. went inside and asked defendant to move his car so D.S. could park in her
spot. Defendant refused, so Gary moved defendant’s car. K.H. and D.S. then went to get
Taco Bell.
When they returned to the apartment, K.H. threw out his trash. Defendant said to
K.H., “‘[t]hat’s all you want[ed] me to move my car for, just to throw away Taco Bell?’”