P.
P. v. Tucker CA4/2
Opinion
Opinion
I. INTRODUCTION
Defendants Brandon Keith Baskett and Ricco Tucker were tried before separate
juries and found guilty of the first degree murder of Lamont Trible. (Pen. Code, § 187,
subd. (a).)1 Defendants claim their murder convictions must be reversed because the
court gave an erroneously modified version of CALCRIM No. 376 (Possession of
Recently Stolen Property as Evidence of a Crime), telling the juries they could find
defendants guilty of murder—a nontheft-related crime—based in part on evidence
defendants knowingly possessed recently stolen property. The People concede the
instructional error but argue it was harmless under People v. Watson (1956) 46 Cal.2d
818, 836.) We agree the error was harmless under Watson. Defendants also claim that
insufficient evidence supports the sentencing orders requiring them to pay $4,500 in
victim restitution. (§ 1202.4, subd. (f).) We conclude substantial evidence supports the
restitution order. We therefore affirm the judgments in their entirety.
II. FACTUAL AND PROCEDURAL BACKGROUND
A. Prosecution Evidence
Trible was known as the “gold man” because he paid cash for gold. On July 27,
2010, defendants lured Trible into a…