People v. Ackles CA4/1

INTRODUCTION

A jury convicted Calvin Lamar Ackles of first degree murder for shooting and killing Francisco Cruz. Ackles contends the trial court erred when it admitted extensive testimony and other evidence about two assaults he committed many years before he killed Cruz. We agree the court abused its discretion with the admission of this evidence, but we conclude the error was harmless. At the request of the Attorney General, we have reviewed a security video that recorded the homicide. With chilling clarity, consistent with witness testimony, the video shows Ackles shooting Cruz nine times in the back at point blank range as he tries to get away. We are certain beyond a reasonable doubt the erroneously admitted evidence did not affect the jury verdict of first degree murder in this case. The judgment is affirmed.

PROCEDURAL AND FACTUAL BACKGROUND

I. Charges, Conviction, and Sentence In January 2021, Ackles was charged with first degree murder (Pen.

Code,1 § 187, subd. (a); count 1) and unlawful possession of a firearm by a felon (§ 29800, subd. (a)(1); count 2). The operative information alleged as to count 1 that Ackles intentionally and personally discharged a firearm…