P.

P. v. Tucker CA4/2

Good Law
Court of Appeal of CaliforniaJuly 26, 2013E054399California3,812 words

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…

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