People v. McFadden CA2/7

INTRODUCTION

Trayvon Deshon Moore McFadden appeals from the judgment after a jury convicted him of second degree murder and found true a firearm allegation. The trial court sentenced McFadden to a prison term of 45 years to life, plus 25 years to life for the firearm enhancement. McFadden argues the trial court erred in giving CALCRIM No. 335, a jury instruction his trial counsel requested that concerns how the jury should consider accomplice testimony. McFadden challenges the language of the instruction and the court’s failure to define one of the terms in the instruction. McFadden also argues the court abused its discretion in refusing to strike the firearm enhancement because, according to McFadden, the court used the wrong legal standard to find striking the enhancement would endanger the public. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. McFadden Kills Kenneth Onah In the afternoon of January 10, 2020 Latavia Wicker and Kenneth Onah agreed, through an exchange of text messages, Onah would pay Wicker $250 for her to drive from San Diego to Gardena, where Onah lived, for “fun.” Wicker arrived at Onah’s apartment at approximately 9:30 p.m. Wicker and Onah talked,…