In re Summers

INTRODUCTION

Petitioner Travon E. Summers filed this petition for writ of habeas corpus seeking to overturn his 2014 convictions for four counts of attempted deliberate and premeditated murder (Pen. Code, §§ 664, subd. (a), 187, subd. (a)) 1 because they did not comply with the limitations on a concurrent intent or “kill zone” theory of liability imposed by the Supreme Court in People v. Canizales (2019) 7 Cal.5th 591 (Canizales). We issued an order to show cause as to three of the counts. We reject Summers’s claims of insufficient evidence to support the kill zone instruction, insufficient evidence to sustain the convictions, and instructional error. We deny the petition and discharge the order to show cause.

FACTS AND PROCEDURAL BACKGROUND

I. The Facts

Summers was a member of the Legend Crips gang. William Harrison 3 was a member of the Mad Ass gang. The two gangs were rivals. In February of 2013, William had a verbal confrontation with other Legend Crips gang members.

All further undesignated statutory references are to the Penal Code.

We take the underlying facts from the nonpublished opinion, People v. Summers (Sep. 11, 2015, B259913). At the request of…