People v. Wilson CA2/4

INTRODUCTION

A jury convicted defendant and appellant Johmar Wilson of murder, attempted murder, shooting at an occupied motor vehicle, and being a felon in possession of a firearm. The incident that gave rise to these convictions involved Wilson’s participation in a retaliatory shooting of a rival gang member (Jermaine Williams), who died as a result of his wounds, and the rival gang member’s girlfriend (Jade Elliston), who survived. On appeal, Wilson argues (1) the trial court erroneously instructed the jury on a kill zone theory of attempted murder; (2) several of his convictions are unsupported by substantial evidence; and (3) the court erroneously admitted gang-related evidence. Because we agree the trial court erred by instructing the jury on a kill zone theory, we reverse Wilson’s attempted murder conviction. We affirm the judgment in all other respects.

PROCEDURAL BACKGROUND

The Los Angeles County District Attorney filed an amended information charging Wilson with the murder of Jermaine Williams (Pen. Code,1 § 187; count one); the attempted murder of Jade Elliston (§§ 664/187, subd. (a); count two); shooting at an occupied motor vehicle (§ 246; count three); and being a…