People v. Burns

1

THE PEOPLE, Plaintiff and Respondent, v. JOHN CHRISTOPHER BURNS, Defendant and Appellant.

D081051

California Court of Appeals, Fourth District, First Division

May 14, 2024

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of San Diego County No. SCN410155 Brad A. Weinreb, Judge. Affirmed.

Joanna McKim, under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Steve Oetting and Heather B. Arambarri, Deputy Attorneys General, for Plaintiff and Respondent.

DATO J.

Appellant John Christopher Burns and Jose De Jesus Martinez were part of the same homeless community. After a friend gave Burns a valuable bike, Martinez began causing him trouble. Martinez once tried to steal the bike, punching Burns in the mouth and knocking out some of his teeth in the process. A few weeks later, he tried to steal the bike again. Burns confronted him, and the altercation ended in Burns fatally stabbing him in the neck. At trial, Burns claimed self-defense. The jury rejected the defense and convicted him of second-degree murder. He was sentenced to 35 years to life in prison.

Burns raises several issues on appeal. He argues the trial court erred in instructing the jury on self-defense, in denying his posttrial motion to release juror identifying information and in admitting evidence of his prior convictions and misconduct. He further asserts the prosecutor erred in crossexamining him regarding one such prior conviction. Finally, he contends the court erred in refusing to dismiss his prior strike and prior serious felony enhancement, and violated due process in declining to stay fines and fees based on his inability to pay. For various reasons we explain, we reject his claims and affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

One evening in late January 2020, Burns found an acquaintance Katherine M., sitting on the patio outside a Burger King. She agreed to watch his bike when he went to use the restroom. While Burns was inside the Burger King, Martinez approached Katherine. She might have met him once before but did not know him well. He said the bike belonged to him and tried to take it. Katherine refused to give Martinez the bike. He warned her "to be careful about the bike" or that "trouble was going to come from the bike," but said he respected her and walked away. Katherine felt threatened by the encounter.

When Burns returned from the restroom, Katherine told him someone tried taking the bike. Upset, Burns walked into the parking lot and screamed, "Who the fuck was trying to take my bike?" Martinez confronted Burns near some gas station air pumps about 100 feet away from the Burger King patio. They began arguing loudly. Burns walked away from Martinez back toward the patio, and Martinez followed. According to Katherine, Burns challenged him, "take the bike then, take the bike." Martinez said he would. Burns then stabbed him in the neck.

After Burns challenged Martinez, Katherine began "scooting away" to avoid getting caught in any scuffle. She did not see either man with a weapon and she did not see the stabbing. She knew Burns had a "terrible temper" but never saw him threaten anyone with a knife. She was generally aware that many people in the homeless community carried knives or weapons. After the stabbing, Katherine learned that Martinez had been violent towards other members of the community.

Surveillance cameras in the area captured the events up until Burns rejoined Katherine on the patio and discussed her interaction with Martinez. They also captured Martinez following Burns back to the patio. However, a large fuel truck and other cars blocked some or all of the view during the critical argument and the stabbing. The cameras later captured bystanders aiding Martinez on the patio.

When police responded to the scene, Martinez was alive but bleeding profusely. His breathing was shallow and infrequent. Police did not find any weapons on Martinez or in the patio area. Paramedics transported Martinez to the hospital where he was pronounced dead shortly after arriving. Police located and arrested Burns the following evening at a nearby casino.

An autopsy revealed that Burns stabbed Martinez in his left jugular vein and carotid artery. The wound was almost two inches deep. At the time of his death, Martinez had methamphetamine in his system in an amount consistent with being under the influence. At trial, a toxicologist explained that the effects of methamphetamine can include erratic behavior, loss of judgment, violence, aggression, delusions, paranoia, and psychosis. Someone who is "very high" on methamphetamine might even exhibit "heightened strength and reflexes."

At trial, Burns claimed self-defense. To explain his state of mind and background, Burns told the jury a bit of his personal story. He had been homeless off and on since he was six years old. He struggled to find work due in part to his extensive tattoos. He got his first tattoo at nine years old in a group home. Burns described his experience being homeless as difficult and stressful. Among people in the homeless community there is a lack of trust. Robbery, assault, and theft is common. "You don't want people knowing where you sleep because they'll attack you" and "take your stuff." Burns had been in a "couple of fistfights" and had his property stolen, including multiple bikes and a tent. In his experience, homeless people commonly carried weapons for protection.

There is also distrust between the homeless community and the police. As Burns explained, "we are harassed by the police constantly for no other reason than being homeless." "If we sit down, we're illegal lodging" and "if you have more than a backpack, they confiscate it and give you a ticket for it for illegal storage" on public property. In his experience, the police do not take crimes against homeless victims seriously. Burns once heard an officer refer to an offense within the homeless community as an "asshole-on-asshole crime." Because of this, and to avoid being known as a "rat," individuals within the homeless community often do not report crimes to the police.

Burns also told the jury about a time, in December 2014, when he was the victim of a violent robbery. He pulled over to help someone on the side of the road with their flashers on. The next thing he knew, he was in an ambulance going to the hospital. He was stabbed four times on his head, requiring 34 staples. His wedding ring, watch, and wallet were stolen. This experience made him leery and distrustful of the people around him.

Turning to the incident in question, Burns explained that he met Martinez about five or six months before the stabbing. When they met, Martinez was working at a convenience store. At the end of his shifts, Martinez would give food to Burns and others in the homeless community. However, during that five- or six-month period, Martinez became homeless as well. He began spending time in the same areas as Burns, so they saw each other often.

Over time, Burns noticed that Martinez became very confrontational and violent when drinking alcohol, and paranoid and delusional when using methamphetamine. For instance, Martinez believed people from city hall planted a device in his head that recharged when the police handcuffed him. Burns personally saw him get into three altercations. On one occasion, Martinez threatened to have a woman beaten until she gave him her backpack. He "always" had knives and, at one point, a gun. He claimed he would "shoot the next cop that pulled him over because he was tired of getting fucked with." At that time, Burns was not afraid of Martinez but began avoiding him.

Sometime in the fall of 2019, Burns was gifted a rare, valuable bike. Multiple people tried to buy or steal the bike. In January 2020, two or three weeks before the stabbing, Burns had the bike locked to the rail of a bridge while he repaired a tire. Martinez approached Burns, said that someone paid him to take the bike, and hit Burns in the mouth, knocking out two of his teeth. After that, he did not try to find Martinez or seek revenge. He did not want to be around someone so "volatile" and "unpredictable." However, about a week later, he rode his bike past a group of men including Martinez. Martinez yelled, "hey, fool," then someone threw a 40-ounce beer bottle at Burns. It whipped passed his head and shattered in front of his bike. He turned around and saw they were chasing him. Thinking they were about to jump him, he pedaled as fast as he could to get away.

The next time Burns saw Martinez was at the Burger King. That evening, Burns asked Katherine to watch his bike while he used the restroom. When he came back outside minutes later, she said that "some guy pushed up on her and tried to take [his] bike." Burns felt irritated and frustrated. He asked who it was. She said she did not know the man, but he was over by the air pumps. Burns admitted he walked into the parking lot and yelled, "Who the fuck is trying to take my bike?" He wanted to handle the matter right then and there to avoid showing weakness. He explained to the jury: "If you are weak on the streets in the environment we run in, you are going to be a victim constantly." Burns continued across the parking lot. Suddenly, Martinez ran out from behind a large fuel truck, got in his face, and said he was taking the bike.

Feeling surprised, afraid, and anxious, Burns immediately walked away. Martinez followed Burns all the way back to the patio calling him names and grabbing onto his shirt or jacket. Burns told Martinez, "You are not taking my bike." Martinez responded: "Well,...