(Super. Ct. No. 09F03094)
The opinion of the court was delivered by: Hoch, J.
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
A jury convicted defendant Anthony Lamont Williams, Jr., of assault with a firearm (count 1; Pen. Code, § 245, subd. (a)(2))*fn1 ; negligent discharge of a firearm (count 2; § 246.3); and unlawful possession of a firearm (count 3; § 12021, subd. (c)(1)). As to count 1, the jury found that defendant personally used a firearm (§ 12022.5, subd. (a)).
The trial court suspended imposition of judgment and sentence and placed defendant on formal probation for five years, with conditions including 365 days in county jail (180 days on count 1 and 185 days on count 2, consecutive). The court awarded 38 days actual presentence custody credit and four days conduct credit, totaling 42 days.*fn2
Defendant contends (1) insufficient evidence supports his conviction on count 2, and (2) the trial court erred prejudicially by failing sua sponte to instruct the jury with CALCRIM No. 334 (accomplice testimony) as to witness Derrick Sanders. Finding sufficient evidence and no error, we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
In 2008, Sanders, who lived in Elk Grove, took in defendant as a roommate; defendant rented out one room of the house. Sanders's teenaged daughter sometimes stayed in the house, as did defendant's girlfriend, Tonica Readus (Tikka).
On January 20, 2009, Sanders came home in the late afternoon and found the house had been burglarized. The doors to the bedrooms were kicked in, and his room and his daughter's room were torn apart. He estimated that around $13,000 worth of property was missing. He called defendant, who arrived soon after.
A neighbor told Sanders she had seen two women, one of whom looked like Tikka, in a car that had backed into Sanders's garage area. Sanders knew Tikka had sometimes brought a young woman named Jasmine, about the age of Sanders's daughter, over to the house. Defendant said he knew where Jasmine could be found.
Sanders reported the burglary to the police at 8:14 p.m., but was told they could not investigate it immediately because a shooting had priority. Feeling angry and wanting to retrieve their property, Sanders and defendant decided to go to Jasmine's house to confront her. Defendant drove, with Sanders, Tikka, and defendant's young son as passengers.
Arriving at the 7000 block of Middlecoff Way, where Jasmine lived, sometime that evening, defendant dropped his son off at a house down the street, then walked to Jasmine's house along with Sanders and Tikka. Sanders had never been there before and did not know "the lady of the house," Yvette Smith. According to Sanders, he also did not know defendant had a gun.
Smith opened the door. Jasmine (the daughter of Smith's cousin), Smith's daughter Reneisha, and Smith's brother were also in the house.
Sanders introduced himself to Smith and explained the situation. He said the car he saw in the driveway was the one he believed to have been used in the burglary. Reneisha said she had been driving that car all day. Tikka accused Reneisha and Jasmine of ...