People v. Chillis, D053082 (Cal. App. 11/6/2009)

• Decision Date: 06 November 2009
• Docket Number: D053082
• Court: California Court of Appeals Court of Appeals
• Parties: THE PEOPLE, Plaintiff and Respondent, v. MARION CHILLIS, Defendant and Appellant.

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THE PEOPLE, Plaintiff and Respondent, v. MARION CHILLIS, Defendant and Appellant.

D053082

Court of Appeals of California, Fourth Appellate District, Division One

November 6, 2009

Appeal from a judgment of the Superior Court of San Diego County, No. SCE265102, William J. McGrath, Jr., Judge. Affirmed as modified.

Not to be Published in Official Reports

HALLER, Acting P. J.

Marion Chillis appeals from a judgment convicting him of first degree murder under theories of premeditation or lying in wait, with a true finding on a lying-in-wait special circumstance allegation. He raises numerous arguments to support his claim that the judgment must be reversed in whole or part. As to lying in wait, he contends (1) the evidence is insufficient to support this theory, and (2) the statutory lying-in-wait special circumstance is unconstitutional. Challenging the fairness of his trial, he asserts the trial court erred when it (1) required that he be shackled during trial, (2) failed to adequately evaluate his requests for new appointed counsel, and (3) after he elected self-representation, denied his requests for advisory counsel, failed to ensure timely provision of discovery materials and access to the law library, and failed to provide him an adequate continuance. Chillis was also convicted of methamphetamine possession. He asserts there was insufficient evidence that he possessed a usable quantity of methamphetamine. We reject all these contentions of reversible error. We also reject his contention of cumulative prejudice.

Chillis was sentenced to life without parole for the lying-in-wait special circumstance allegation. The trial court doubled the life-without-parole sentence because Chillis had incurred one strike prior conviction under the Three Strikes law. The court also imposed a determinate sentence. Chillis asserts it was error to double the life-without-parole sentence. We agree. However, we reject his contention that the court erred in imposing a parole revocation fine.

The judgment is modified to strike the second sentence of life without possibility of parole derived from the doubling provision of the Three Strikes law. As so modified, the judgment is affirmed.

FACTUAL AND PROCEDURAL BACKGROUND

Chillis and the victim Peggy Chillis (Peggy) were married in 2002. When problems developed in their marriage, Peggy periodically left Chillis and moved in with various friends. Chillis made threats that scared Peggy, and in June 2005 Peggy obtained a restraining order against him. Shortly thereafter, on June 23, 2005, Chillis beat Peggy with a baseball bat. About one year later, on September 30, 2006, Peggy was walking in an alley after work when Chillis appeared, chased her, and then fatally stabbed her outside a nearby thrift store.

Numerous prosecution witnesses described how, in the months before the murder, Chillis had become obsessed with Peggy. He was very controlling and jealous, and he would repeatedly call and visit the various residences where he thought she might be staying, demand that she talk to him, and threaten to kill her. For example, Chillis called Peggy's friend (Erika Barber) a couple of times and stated he was going to kill Peggy, and he came to Barber's house and stated that when he found Peggy, "he was going to get her." Chillis called another friend (Avante Jacobson) and stated that Peggy was a liar, cheating on him, "`using [him]'" and "`[kept] playing games'" with him; he was not going to allow it to go on; he was going to get her; and he was going to kill her. On one occasion Chillis was outside Jacobson's house at 3:00 a.m. yelling and demanding to speak to Peggy. On another occasion Chillis was in the front of Jacobson's mother's house demanding to speak to Peggy; Peggy was scared and climbed over the fence in the back yard to get away from Chillis.

Dolores Smith, one of the friends with whom Peggy had stayed, testified that on several occasions she saw Chillis sitting in his car near her apartment. Smith believed that Chillis was stalking Peggy, "trying to see where [she] was." Chillis repeatedly called Dolores's residence looking for Peggy, saying things like, "`She [Peggy] better call me. . . . She don't want me to have to come over there.'

"In late August or early September 2006, Chillis came to Smith's home asking for Peggy (who was not there). Chillis gave Smith some divorce papers, telling her that Peggy needed to sign them immediately. During their conversation, Chillis started "shaking and crying" and told Smith that Peggy had "`left [him] with nothing.'" A couple of days before Peggy was killed, Chillis called Smith's home asking if Peggy had signed the divorce papers. When Smith told him no, Chillis stated that Peggy had been "`holding [him] off and holding [him] off'"; either she signed the papers or "`things ain't going to be right'"; he was "`just so upset'"; she had "`really, really just carried [him] to the end'"; she was "`going to make [him] do something'" that he did not want to do; and he would "`kill her.'

"At the time of her death, Peggy had been living for several weeks with her boyfriend (Kraylen Richmond) and Valerie Alvarado. According to Alvarado, Chillis did not know the location of their residence. Alvarado testified that on Thursday, September 28, 2006, Peggy called Chillis from a convenience store and asked if he would give her and Alvarado a ride to the welfare office and to the courthouse. Chillis picked the two women up at the convenience store and took them on their errands, and then took them to a casino. Peggy had told Alvarado many times that she was afraid of Chillis. However, when they went to the casino with Chillis on that day, Peggy was in a good mood and Chillis and Peggy were acting like they were friends. The situation changed when Chillis overheard Alvarado say to Peggy that they better leave before Richmond found out they were there and got upset. When Chillis heard that Peggy had a boyfriend, his attitude changed and he started acting "mean." They then left the casino.

After the casino, they went to the fast food restaurant where Peggy worked so Peggy could pick up her paycheck. While they were in the car on the way to the restaurant, Chillis told Peggy he loved her and would do anything for her. When they arrived at the restaurant, Chillis suggested that Peggy call him later and come to his house. Peggy stated she did not want to go to his house. Chillis became angry and started cursing at her. Peggy told Alvarado to ignore Chillis and that they should leave. Peggy and Alvarado went into the restaurant to get Peggy's check, and then walked to Smith's residence which was located nearby.

On the evening of Friday, September 29, Chillis called Alvarado's residence asking for Peggy. Alvarado told him they had company and were busy. Chillis, who sounded angry, said he needed to talk to Peggy immediately. Alvarado told him he could not do so. Chillis stated Peggy was supposed to file for their divorce and started shouting that he needed to talk to her. Alvarado hung up on him. After this phone call, Peggy was worried and locked the doors. That same night, when Peggy and Alvarado discussed the fact that Chillis had found out about Peggy's boyfriend, Peggy told Alvarado that she was afraid Chillis was going to kill her.

On the morning of September 30, Richmond walked with Peggy to her job at the restaurant, which was located in Spring Valley about one or two miles from their residence. Peggy did not want to walk alone in case Chillis showed up. Around 10:30 a.m. that same day, Chillis called the restaurant and asked Peggy's supervisor if he could speak to Peggy. The supervisor told Chillis that Peggy was currently with customers, and Chillis told him to "just let her know her husband called."

During her 11:30 a.m. break from work that day, Peggy walked to Smith's apartment, which was located at the end of an alley near the restaurant (about a two- to three-minute walk away). Because of the threats made by Chillis, when it was time for Peggy to return to work Smith walked with her part of the way in the alley and watched her turn to go to the restaurant.

Around 4:00 p.m., Richmond called Peggy at work to tell her he would go to her work to walk her home as they had planned. Peggy told him she did not get off until 4:30 p.m. However, Peggy's shift ended shortly thereafter, and she left the restaurant to walk to Smith's residence, apparently to wait for Richmond at this location. Peggy walked past the thrift store that was next to the restaurant, and then down the alley towards Smith's residence. Out of concern for her safety because of Chillis, Peggy's coworker (George Alexander) watched her walking until she turned a corner and he lost sight of her.

Meanwhile, at about 2:26 p.m., Chillis notified his work that he had a headache and would not be able to come in for his evening shift. At 3:57 p.m., Chillis went to an ATM near his home in downtown San Diego and withdrew money. He then drove to Spring Valley (a drive of about 12 minutes and 52 seconds) and arrived at the alley where Peggy was walking. Two residents of apartments overlooking the alley witnessed Chillis chasing Peggy in the alley, and several other persons witnessed the stabbing outside the nearby thrift store. A 911 call reporting the stabbing as it was occurring was received at 4:12 p.m.

Michael Hill and Alicia Tuthill witnessed the chase in the alley. Hill was outside on his balcony when he saw Peggy walking in the alley, and then saw Chillis's car driving in the alley. Hill went back inside his apartment, but returned outside when he heard tires squealing. Tuthill, who was in her bedroom, heard car brakes screeching in the alley. She looked out her window and saw Peggy standing in the alley and Chillis's car driving in the alley. When Peggy turned her head and saw the car, she started screaming for help and running towards the thrift store. Chillis got...