The People v. Smith

Filed 4/15/13 On transfer from the Supreme Court

CERTIFIED FOR PARTIAL PUBLICATION*

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D060317

Plaintiff and Respondent,

v. (Super. Ct. No. BAF004719)

VINCE BRYAN SMITH,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Riverside County, Patrick F.

Magers, Judge. Affirmed as modified.

Cannon & Harris and Gregory L. Cannon for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney

General, Gary W. Schons, Assistant Attorney General, Scott C. Taylor and Meredith S.

White, Deputy Attorneys General, for Plaintiff and Respondent.

* Pursuant to California Rules of Court, rule 8.1110, this opinion is certified for publication with the exception of DISCUSSION parts B through H. A jury convicted defendant and appellant Vince Bryan Smith of two counts of

second degree murder (Pen. Code,1 § 187, subd. (a), counts 1 & 2) and one count of

active participation in a criminal street gang (§ 186.22, subd. (a), count 3). On both

counts 1…