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People v. Jaspal10/7/1991
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT
No. F012992
1991.CA.40320 ; 286 Cal. Rptr. 337; 234 Cal. App. 3d 1446
October 7, 1991
THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
JARNAIL SINGH JASPAL, DEFENDANT AND APPELLANT
Superior Court of Kern County, No. 38780, Robert T. Baca, Judge.
Norton Tooby, under appointment by the Court of Appeal, for Defendant and Appellant.
Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson, Acting Assistant Attorney General, Edmund D. McMurray and Doris A. Calandra, Deputy Attorneys General, for Plaintiff and Respondent.
Opinion by Martin, Acting P. J., with Harris, J., and Franson, J., concurring.
Martin
Jarnail Singh Jaspal was charged with murder in violation of Penal Code section 187. It was also alleged that appellant personally used a firearm in the commission of the offense within the meaning of section 12022.5.
A jury trial commenced on August 8, 1989. On August 24, 1989, the jury found appellant guilty of first degree murder and determined that the gun use allegation was true. Thereafter, the court heard and denied appellant's motion for new trial.
The trial court denied probation and sentenced appellant to state prison for an aggregate term of 27 years to life: 25 years to life for the violation of section 187 and a consecutive 2-year term for the firearm use enhancement. Appellant filed a timely notice of appeal.
Facts
In February of 1985 appellant lived with four other men in an apartment located at 1514 Gage Street in Bakersfield, California. The roommates
included the victim, Gurmit Singh Sekon, as well as Amrik Singh Malli, Jagjit Singh Samra, and Jasbir Singh Sarai. These men were all Sikhs from the Punjab region of India .
Sarai's sister had been married to appellant for six years. Appellant acted like a big brother to Sarai and gave him advice.
On February 8, 1985, Sarai was using the only telephone in the apartment when appellant indicated he wanted to talk to Sarai and demanded he hang up the telephone. Sarai did not comply with this request. Appellant then unplugged the phone jack and Sarai threw the telephone at him. Appellant threw it back and an altercation ensued. The other roommates broke up the fight.
Sarai testified that appellant wanted to know Sarai's whereabouts the previous night. Appellant warned him that if he stayed out all night drinking and driving, the police would catch him and their family would be mad at appellant for allowing it to happen. Sarai left the apartment with Sekon and they stayed in a motel room that night. Sarai testified he went to the motel for purposes of prostitution which would have been frowned upon by his family and society. Appellant unsuccessfully tried to find Sarai but returned to the apartment later that night still angry and said he was going to kill Sarai.
The following day, February 9, 1985, appellant left the apartment at noon. When he returned, he told Malli he had purchased a pistol for $200. Appellant demanded Malli bring Sarai back to the apartment to explain his behavior to appellant and said "'When they come and talk to me and explain me everything will be settled. If they don't, then I will kill both of them.[']" Appellan
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