People v. Samuel CA2/6

FACTS

Samuel was a high ranking member of the Mob Piru Bloods gang. He had a number of violent confrontations with Juan Tillman and Oscar Fonoti. On April 16, 1999, Samuel’s van

1 All statutory references are to the Penal Code. drove by Fonoti with Samuel in the passenger seat. Fonoti heard gunshots and ran. He was shot in the leg and a bullet grazed his back. About 10 minutes later, a witness saw Samuel go over a low brick wall with a rifle. Samuel shot and killed Tillman. Trial Samuel was the sole defendant at trial. He was charged with first degree murder of Tillman. (§ 187, subd. (a).) It was further alleged that Samuel intentionally killed Tillman while lying in wait. (§ 190.2, subd. (a)(15).) Samuel was also charged with the willful, deliberate, premeditated attempted murder of Fonoti. (§§ 187, subd. (a), 664, subd. (a).) (a) Instructions Murder of Tillman The trial court instructed the jury with CALJIC No. 8.20 in part as follows: “All murder which is perpetrated by any kind of willful, deliberate and premeditated killing with express malice aforethought is murder of the first degree. “The word ‘willful,’ as used in this instruction, means intentional. “The word…