People v. Ross CA5

INTRODUCTION

In 2022, a jury convicted appellant Tymere Anthony Ross of second degree murder for the 2017 death of Hardeep Singh (Pen. Code, § 187;1 count 1). The jury also convicted Ross of active participation in a criminal street gang (§ 186.22, subd. (a); count 6). The jury found true that Ross was a principal in the murder, and at least one principal intentionally and personally discharged a firearm (§ 12022.53, subds. (d), (e)(1)). For the murder, the jury found true a gang enhancement (§ 186.22, subd. (b)(1)). Ross was sentenced to prison for 15 years to life, which was enhanced by 10 years for the firearm. In count 6 (active gang participation), the trial court imposed an upper term, which was stayed. Ross was also sentenced in three other pending felony cases. In this matter, Ross was tried with his codefendant, Kenton Michael McDaniel.2 It was the prosecution’s theory that McDaniel was the shooter, and Ross aided and abetted first degree felony murder. The jury, however, acquitted Ross of first degree murder. In counts 2 through 5, the jury acquitted Ross in two counts of conspiracy, one count of attempted robbery, and one count of attempted burglary. Similar to Ross,…