P. v. Warner 9/12/07 CA5

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: F051027

Case Date: 11/28/2007

Preview:Filed 9/12/07

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT THE PEOPLE, F051027 Plaintiff and Respondent, (Super. Ct. No. 1085516) v. DOUGLAS WILLIAM WARNER, Defendant and Appellant.

OPINION

APPEAL from a judgment of the Superior Court of Stanislaus County. Hurl W. Johnson, Judge. David Y. Stanley, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez and Kelly C. Fincher, Deputy Attorneys General, for Plaintiff and Respondent. -ooOooDouglas William Warner commenced a romantic relationship with his next-door neighbor while she was engaged in bitter child custody litigation with her husband, who later accused him of abusing the couple's child. His arrest at his apartment in front of his friends infuriated him. The court dismissed the charges against him for lack of evidence,

but he felt depressed and distraught at losing his chance to have his day in court. Weeks later, he killed her husband with a shotgun blast to the chest. After trial by jury, the court imposed an aggregate sentence of 50-to-life (a 25-tolife term for first degree murder (

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