People v. Hughes

• Docket Number: F085448
• Decision Date: 22 August 2024
• Citation: People v. Hughes, F085448 (Cal. App. Aug 22, 2024)
• Parties: THE PEOPLE, Plaintiff and Respondent, v. JOSEPH ALLEN HUGHES, Defendant and Appellant.
• Court: California Court of Appeals

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THE PEOPLE, Plaintiff and Respondent, v. JOSEPH ALLEN HUGHES, Defendant and Appellant.

F085448

California Court of Appeals, Fifth District

August 22, 2024

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of Tulare CountyNo VCF358027.Nathan G. Leedy, Judge.

Mark David Greenberg, under appointment by the Court of Appeal for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez, Amanda D. Cary, Lewis A. Martinez and Hannah Janigian Chavez, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

SMITH J.

In 2006, defendantJoseph Allen Hughes(Hughes) killed his wife, Sonia Hughes(Sonia).On November 18, 2022, Hughes was convicted of second degree murder.On appeal, Hughes argues that the conviction must be reversed because the evidence only supported a finding of heat-of-passion manslaughter.The People disagree.

We reviewed the record and determined there was an issue regarding the trial court's ruling on Hughes's first motion for acquittal.Accordingly, we directed the parties"to file supplemental briefs addressing the following issues: (1) Did the trial court apply the wrong legal standard when it denied [Hughes's]Penal Code section 1118^[1] motion after the prosecution's case-in-chief?(2) If the trial court applied the wrong standard, was the error harmless?(3) If the trial court erred and the error was not harmless, what is the appropriate remedy?"

In their supplemental briefing, the parties agree that there was error but disagree as to whether the error was harmless and the appropriate remedy.

Substantial evidence supports the conviction.However, we conditionally reverse the judgment and remand with directions for the trial court to reconsider Hughes's first section 1118 motion using the correct standard.

PROCEDURAL HISTORY

On October 28, 2022, the Tulare County District Attorney filed an amended information charging Hughes with the murder of Sonia Hughes(§ 187, subd. (a); count 1).

Hughes waived his right to a jury trial, and a court trial was held.After the prosecution's case-in-chief, Hughes made an oral motion for acquittal pursuant to section 1118.The motion was denied.Hughes then waived the statute of limitations for voluntary manslaughter.After Hughes rested, he renewed his motion for acquittal.The motion was denied.

On November 18, 2022, the trial court found Hughes guilty of second degree murder.On December 16, 2022, the trial court sentenced Hughes to 15 years to life.

On December 16, 2022, Hughes filed a notice of appeal.

FACTUAL SUMMARY

The Prosecution's Case

On November 25, 2006, Sonia's partially buried remains were discovered on the bank of a dry creek.The Tulare County Sheriff's Office excavated Sonia's remains.A detective with the sheriff's office found that pajama bottoms were tied in a knot around Sonia's neck, although he was unable to determine how tightly it had been tied.

On November 30, 2006, Curtis Brown, a detective with the Visalia Police Department, went to Hughes's house.Brown informed Hughes that his wife's remains were found.Hughes did not show any emotion.

Hughes told Brown that his wife left with a black bag and a white plastic bag about a week and a half after Hughes got out of jail.He had last seen her around October 1, 2006.He believed that his wife was with a man named S.R., and that his wife was in a relationship with this man.

Hughes also told Brown that he was aware of potential infidelity while he was in jail, but he and Sonia were still married and had agreed to remain friends for the kids.After he got out of jail, he and Sonia started getting along, remained intimate, and were attempting to work on their issues.However, Sonia was heavily using narcotics and wanted Hughes to do drugs with her.She had also sold items from Hughes's house.

Hughes also told Brown that he talked to the police about his wife leaving around five days after she left.Brown reviewed Visalia Police Department records and confirmed that on October 6, 2006, Hughes placed a call for service and police went to his house.

Hughes also told Brown that he had a live-in girlfriend, and that they had been together for a few weeks.

On December 1, 2006, Brown searched Hughes's residence.Brown seized a shoebox full of documents.One of the documents was a letter postmarked September 26, 2006.Hughes wrote the letter to Sonia while he was still in jail.Hughes wrote, "Here's your bracelet, Sonia.No reason for me to wear it . . ., you don't love me."

Brown also located a burn barrel.There was no fire, but there was ash inside, as well as items that had not been completely burned.Brown located women's clothing, as well as what looked like wedding photographs with Sonia and Hughes.

On or around February 20, 2016, one of Hughes's sons, Doe 1 came into the police station to provide a statement.Doe 1 first provided his statement to Officer Lamar.On February 22, 2016, Doe 1 provided his statement to Celestina Sanchez, a detective with the Visalia Police Department.After receiving the statement, Sanchez began conducting further investigations.

On March 1, 2016, Sanchez interviewed Hughes.Hughes "was very angry," and he stated that he also wanted to know who murdered Sonia.Sanchez asked Hughes if he would give a statement, and Hughes told her that he would only tell her the story once.

Hughes told Sanchez that, while he was in jail, he was informed that Sonia was using narcotics and being unfaithful.So, he sent word to Sonia telling her to stop.After he was released, he went home.He saw that Sonia was wearing short skirts and high heels.Hughes believed she was doing this because she was using narcotics, and possibly because she was prostituting herself and spending time with prostitutes.

Hughes also told Sanchez that a black man and a black woman came to his residence.They had a conversation with Sonia.Sonia then asked Hughes to do some side work to make money.Hughes believed Sonia wanted the money for narcotics, and Sonia got upset when Hughes was not able to make as much money as Sonia wanted.Sonia left and never returned.Hughes believed that Sonia had left with the black man and black woman.

Sanchez did not tell Hughes that Doe 1 had made a statement.However, as Sanchez continued investigating, Sonia's sister, G.G., provided Sanchez with a letter written by Hughes to one of his daughters, Doe 2.The letter included an envelope, which was postmarked August 22, 2016.The letter mentioned that Doe 1 had come forward with an additional piece of information.

Sonia's sister, G.G., testified at trial.According to G.G., after she found out that Sonia was no longer at Hughes's residence, she talked to Hughes.Hughes told her that Sonia had left with someone because Hughes found out what Sonia was doing while he was in jail.G.G. also testified that Hughes told her he had cheated on Sonia, and that Sonia had found out.

Hughes's son, Doe 1, testified at trial.He was 12 at the time of the incident.

According to Doe 1, Hughes was released from jail in September of 2006.Hughes came home in the evening.Sonia (Doe 1's mother) was home that evening, as were Doe 1's three siblings.Sonia was wearing a pajama shirt and pajama bottoms.

At first, Hughes and Sonia were saying that they missed each other, and Hughes hugged Sonia.They started arguing at around 9:00 p.m., although Doe 1 did not remember how the argument started.^[2]They argued about Sonia cheating on Hughes.Sonia apologized a few times for cheating.She also admitted that she was using drugs.More than once she told Hughes that the men she cheated with had a bigger penis than Hughes, which upset Hughes.Hughes called Sonia the "B word and ... a cheater and stuff like that."

Eventually, Hughes and Sonia walked from the living room to their bedroom.Doe 1 heard Hughes and Sonia engaging in sexual intercourse.Doe 1 heard them arguing before, during, and after they engaged in sexual intercourse, but he could not understand what they were saying.

After Hughes and Sonia were in the bedroom for about 30 to 40 minutes, Doe 1 saw Hughes drag Sonia by her hair from her bedroom to the kitchen, and then to the living room.Hughes then pushed Sonia against the wall and started hitting her.Sonia asked Hughes to stop as he was dragging her and as he was hitting her.Doe 1 believed the physical fighting started over Sonia cheating and comparing Hughes to other men.

When Hughes pushed Sonia against the wall, Doe 1 walked out of his room.Both Sonia and Hughes were bleeding.Hughes told Doe 1 to "Go to your room or I'm gonna beat you're a[**]," and Doe 1 went back to his room.Doe 1 left the door cracked open, but Hughes closed it, and Doe 1 was too scared to reopen it.However, he did crack it open again.

At some point Doe 1 shut his door and tried watching from underneath it, but he could not see anything.However, he heard physical fighting, and then what sounded like someone hitting the ground.Sonia then called for Doe 1's help and told him to call 911.Sonia called for help for about 30 seconds to a minute.Doe 1 could hear her choking.Her voice was loud at first, but it got quieter as time went on, and eventually the calls for help stopped.Doe 1 did not hear any other words or sounds from his mother.

After the calls for help stopped, Doe 1 heard what sounded like Sonia being pulled into the garage.Hughes then came to Doe 1's room and said he was going to get groceries.Hughes left in a car 15 minutes later.

After Hughes left, Doe 1 looked around the house.He saw drops of blood and his mother's hair in the living...