gno.law

People v. Tatum CA2/4

California Court of Appeal · B342349 · 2026-09-28 · Unpublished

Proceeding
appeal from a judgment
Trial court
Superior Court of Los Angeles County · No. BA503907
Trial judge
Eleanor J. Hunter
Outcome
affirmed — Affirmed.
Area
criminal
Panel
Audra M. Mori (author), Armen Tamzarian, Daum

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion

Filed 9/24/26 P. v. Tatum CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B342349

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA503907) v. SHAYLA C. TATUM, Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Eleanor J. Hunter, Judge. Affirmed. Heather E. Shallenberger, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. Defendant Shayla Tatum appeals from judgment following her conviction for assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)).1 After reviewing the record, defendant’s appointed counsel filed an opening brief asking this court to review the record independently pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). We have received no supplemental brief. We affirm.

BACKGROUND Around noon on February 17, 2022, Tatum and several other people were seen fighting an unhoused man inside a neighborhood park. The fight spilled over onto an adjoining sidewalk, where defendant struck the man, later identified as Jerry Johnson, over the head with a 16-inch combination taser/flashlight. Tatum’s common law husband, Framel Bolton Senior, pulled a gun and fired one shot at Johnson. Defendant and Bolton struck or kicked Johnson several more times before running away. Johnson died from a gunshot wound to the torso. He had marijuana and methamphetamine in his blood. The jury viewed video footage of the confrontation obtained from nearby security cameras. Defendant and Bolton were tried together for the assault and homicide of Johnson. Bolton testified he shot Johnson in self-defense and to defend Tatum and others involved in the confrontation.2 Defendant did not testify and did not present evidence in her defense.

1 Subsequent unspecified references to statutes are to the Penal Code. 2 Investigating officers did not locate any weapons inside the park or around the sidewalk area where Johnson was shot.

2 Following trial, a jury convicted defendant of assaulting Johnson with a deadly weapon, namely a “Metal Flashlight/Taser” (§ 245, subd. (a)(1)).3 She was sentenced to the low term of two years imprisonment and credited a total of 188 days of actual custody and good time/work time credits.

DISCUSSION On April 9, 2026, we notified defendant and appointed counsel that defendant would have 30 days to file a supplemental brief raising any contentions or arguments she wished this court to consider. The notice directed counsel to immediately send the record and opening brief in this appeal to defendant. To date, we have received no response.4 We have examined the entire record and are satisfied that no arguable issues exist, and that defendant has, by virtue of counsel’s compliance with the Wende procedure and our review of the record, received adequate and effective appellate review of the judgment entered against her in this case. (Smith v. Robbins (2000) 528 U.S. 259, 278.)

3 The jury also convicted Bolton of voluntary manslaughter (§ 192, subd. (a)). We recently affirmed Bolton’s conviction on direct appeal. (People v. Bolton (Sept. 24, 2026, B346796) [nonpub. opn.].) 4 The notice sent to defendant’s listed address at a correctional facility was returned in the mail with the notation, “Released.” Defendant’s appointed counsel spoke with defendant on April 8, 2026. The following day, appointed counsel emailed defendant, advising her of the Wende brief and her ability to “file a supplemental opening brief within thirty (30) days of my filing this brief . . . .” Counsel sent defendant copies of the Wende brief and the appellate record.

3 DISPOSITION The judgment is affirmed.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

MORI, Acting P. J. We concur:

TAMZARIAN, J.

DAUM, J.

Cites, in this corpus