(Super. Ct. No. 10F06389)
The opinion of the court was delivered by: Duarte , 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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
After a domestic disagreement, defendant Jakari Wilson shot both his wife and his teenage stepdaughter. A jury convicted him of two counts of attempted willful, deliberate and premeditated murder (Pen. Code,*fn1 §§ 664/187), with enhancements for using a firearm and causing great bodily injury (§§ 12022.53, subd. (d); 12022.7, subd. (e)), and other charges. The jury also found true allegations that defendant had suffered two prior serious felony convictions (§§ 667, subd. (a); 667, subd. (b)-(i), 1170.12). Sentenced to 105 years to life in prison, defendant appeals.
Defendant contends the trial court erred in failing to sua sponte instruct the jury on attempted voluntary manslaughter. He further contends that there was insufficient evidence of deliberation and premeditation. Disagreeing, we shall affirm.
Few details about the shooting were presented at trial. Defendant's wife Alona Jennings refused to testify, despite being held in contempt and fined $1,000. Jennings's 16-year-old daughter J.B. did testify, but she was at times uncooperative and refused to identify the shooter. Defendant did not testify.
We glean from the record that the night of the shooting, there was a party or barbeque at defendant's house. Jennings, who had been drinking,*fn2 was angry with defendant and yelled at him. She went into the kitchen and told J.B. to get her "stuff" because they were leaving. J.B. went to her room to collect her phone and other items; she then returned to the front room, looking for her mother.
At trial, J.B. testified she "probably" told the deputy sheriff that defendant left the house and went to the garage. J.B. was truthful when she spoke to the deputy.
Defendant and Jennings were arguing in the hallway. Defendant reached over Jennings to grab something, perhaps a cell phone. J.B. told defendant to get off her mother. Defendant grabbed Jennings and threw her to the ground. Defendant was standing about seven feet away; he pointed a gun at Jennings's head and shot her. Jennings was hit in the shoulder or upper arm; the bullet passed through, a "reasonably superficial" wound. J.B. tried to hide behind the refrigerator. From 12 feet away, defendant pointed the gun at J.B.'s head and fired. J.B. was shot under her eye.*fn3 The shooting did not appear to be an accident.
Jennings and J.B. got in an SUV to drive to the hospital. J.B. called 911 and told dispatch that her stepdad had shot her and her mother with "a tiny black gun." She identified defendant by name to dispatch and gave a physical description. She testified she had told the truth in the 911 call.
A recorded telephone call between the incarcerated defendant and Jennings was played for the jury. In the call, defendant said, "it wasn't supposed to happen under no circumstances." He thought about killing himself because his life had almost lost its meaning. "I wish I could understand in my mind, but somehow I always do shit like that, man, some kinda way. I always manage to hurt the people closest to me, you know what I'm saying?" Jennings told him that neither he nor she could explain what had happened. "Because nothing that we were doing would even justify any of it, like it wouldn't have--I would never ...