People v. Fennell CA5

INTRODUCTION

Jeremy Don Fennell (appellant) shot and killed Lawrence Walker in the parking lot behind appellant’s tattoo shop. A jury convicted appellant of second degree murder (Pen. Code, § 187, subd. (a))1 and found true the enhancement for the personal discharge of a firearm causing great bodily injury or death (§ 12022.53, subd. (d)). The trial court sentenced appellant to 40 years to life in state prison. On appeal, appellant contends the trial court should have modified CALCRIM No. 3472 to specify that a defendant who provokes only a nondeadly confrontation does not lose the right to self-defense if the victim responds with deadly force. We conclude such a modification was not supported by substantial evidence. We also reject appellant’s claims that his murder conviction was not supported by substantial evidence, and that he is entitled to the retroactive application of Senate Bill No. 81 (2021-2022 Reg. Sess.) (Stats. 2021, ch. 721, § 1). We affirm.

BACKGROUND

I. Appellant Shoots and Kills Walker.

On March 15, 2019, Walker and his girlfriend, Jessica Estrada, were sitting on the sidewalk next to the parking lot behind appellant’s tattoo shop. Walker and Estrada…