People v. McDaniel CA5

INTRODUCTION

In 2022, a jury convicted appellant Kenton Michael McDaniel of second degree murder for the 2017 death of Hardeep Singh (Pen. Code, § 187;1 count 1). The jury also convicted McDaniel of active participation in a criminal street gang (§ 186.22, subd. (a); count 6).2 The jury found not true that McDaniel personally discharged a firearm during Singh’s murder. However, the jury found true that McDaniel 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)). In count 6 (active gang participation), the jury found not true that McDaniel used a firearm (§ 12022.5, subd. (a)). For the murder, McDaniel was sentenced to prison for 15 years to life, which was enhanced by 25 years to life for the firearm. The trial court imposed an upper term in count 6, which was stayed. McDaniel was tried with his codefendant, Tymere Anthony Ross.3 A witness, Tinamarie Hawthorne, was key to the prosecution’s case against Ross and McDaniel. Hawthorne was with Ross and McDaniel on the night Singh was murdered. She testified pursuant…