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People v. Hughes3/28/2002
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
On May 22, 1997, appellant Deborah Hughes shot and killed Dorothy Telfor as the latter was standing outside the entrance of appellant's home in the Bayview-Hunters Point area of San Francisco. Appellant was convicted of involuntary manslaughter, with an enhancement for personal use of a firearm in the commission of the offense. On appeal, she contends we must reverse her conviction because the trial court failed to instruct, sua sponte, that appellant was entitled to the presumption of "reasonable fear of imminent peril of death or great bodily injury" accorded by Penal Code section 198.5 to the use of deadly force against an unlawful intruder into a residence. Appellant's contention is meritless, and we therefore affirm the judgment.
Factual and Procedural Background
At approximately 2:45 p.m. on May 22, 1997, Dorothy Telfor approached her sister Sandra while the latter was standing in front of her residence near the intersection of Newhall and Newcomb Streets in San Francisco. Dorothy had problems with drinking and with drugs, and was homeless. She appeared to have been drinking that day, but was not visibly drunk. Dorothy asked Sandra for some money to buy beer. Sandra said she would borrow some money from her son, William M., who was just down the street repairing a car with Dorothy's son, Curtis J.
As they walked toward their sons, Sandra and Dorothy saw appellant outside sweeping in front of her house. Dorothy told Sandra that appellant bothered her every time she saw her. As they passed appellant, Dorothy said to her: "Now what you gonna do?" Appellant and Dorothy got into a verbal altercation, and appeared to be about to engage in a physical fight. William M. and Curtis J. approached. Curtis J. grabbed appellant from behind while William M. held Dorothy. Appellant broke away, saying "Bitch, I'm gonna get you," or words to that effect. Appellant ran into her house, leaving the security gate halfway open and closing the front door.
Appellant was inside her residence for some time. Thinking the altercation was over, Sandra continued to talk with William M. and Curtis J. about 10 to 15 feet away from appellant's front door, while Dorothy stood nearby. Suddenly, appellant emerged from her residence and said "Bitch, you think I'm playing with you," or words to that effect. Sandra heard a popping sound like a firecracker. She looked around, and saw appellant standing by the gate to her residence with a gun in her hand. Appellant said, "Bitch, I told you I was gonna get you." She then closed the gate and went back into her house. Meanwhile, Dorothy "twirled around," stood still for two or three seconds, and then fell to the ground.
Dorothy died at approximately 6:17 p.m. from a gunshot wound to the head and brain. The absence of stippling or gunpowder residue indicated that the fatal shot was fired from a distance of more than three or four feet. The victim had a blood alcohol level of .20 percent at the time of her admission to the trauma center, and a level of .14 percent at the time of the autopsy. The San Francisco Medical Examiner testified that this was not an excessively high level of blood alcohol for a person who "drinks on a regular basis." In addition, there was cocaine in the victim's system in an amount indicating that she had consumed the drug 12 to 24 hours before her death. Dorothy
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