People v. Herring CA5

INTRODUCTION

Defendant Leonard Barnard Herring appeals his convictions for voluntary manslaughter and assault with a deadly weapon, asserting the trial court erroneously admitted irrelevant and prejudicial evidence. Additionally, defendant argues the trial court erred in sentencing him due to its misinterpretation of recent changes to Penal Code section 1170, subdivision (b).1 The judgment is affirmed.

PROCEDURAL SUMMARY

On September 18, 2020, the Kern County District Attorney filed an information charging defendant with the murder of Denysha Langston (§ 187, subd. (a); count 1); attempted murder (§§ 664, 187; count 2); assault with a deadly weapon (§ 245, subd. (a)(1); count 3); and being a felon in possession of a firearm (§ 29800, subd. (a)(1); count 4). As to counts 1 and 2, the information further alleged that defendant personally used a deadly weapon. (§ 12022, subd. (b)(2).) In November 2021, defendant’s motion to sever counts 1 through 3 from count 4, was granted. The trial court cautioned, however, that severance did not necessarily mean all evidence of the handgun would be excluded from trial on counts 1 through 3. Defendant therefore moved in limine for exclusion of…