People v. Samoata CA4/1

INTRODUCTION

Matatoa Samoata lured a drug dealer to an elementary school by agreeing to buy a pound of marijuana for $1500, only Samoata brought $700 of counterfeit money and a loaded gun. During the transaction, Samoata shot the drug dealer and the drug dealer’s companion. The dealer was seriously injured and the companion killed. The jury convicted him of first degree murder and attempted voluntary manslaughter, and found true firearm allegations and a great bodily injury allegation. On appeal, Samoata asserts the trial court committed three errors: (1) failing to sua sponte instruct the jury on uncharged conspiracy and use of a coconspirator’s statements; (2) failing to exercise its discretion to dismiss his sentence enhancements or to impose a lesser firearm enhancement; and (3) failing to determine his ability to pay before imposing fines and fees. As to the first claim of error, assuming without deciding the court had a sua sponte duty to give conspiracy-related instructions under the circumstances of this case, we conclude any error was harmless. As to the second and third claims of error, in our prior opinion, we declined to remand for resentencing, including because we…