People v. McHatton CA3

Filed 12/28/21 P. v. McHatton CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Shasta) ----

THE PEOPLE, C092125

Plaintiff and Respondent, (Super. Ct. No. 19F4775)

v.

CHRISTOPHER EUGENE MCHATTON,

Defendant and Appellant.

Defendant Christopher Eugene McHatton killed Steven Johnson with a hammer. At trial, defendant testified that he was sleeping in a shed with Johnson and woke up to find Johnson orally copulating him. Defendant pushed Johnson off and punched him, which led to a fistfight between the two. When Johnson started swinging a four-by-four at defendant, he grabbed a hammer and hit Johnson repeatedly on the head. A jury convicted defendant of second degree murder. Defendant contends the trial court…