People v. King CA5

INTRODUCTION

Justin Griffin, Jr. (Junior) was fatally shot while leaving a house party with his father, Justin Griffin, Sr. (Senior).1 As they departed in Senior’s car, a vehicle driven by Demitris Devon King (appellant) and occupied by David Earlvon Gray and Christian Francois Gaines followed them. Junior was an active gang member, and appellant, Gray, and Gaines were members of rival gangs. Several minutes later, appellant’s car pulled alongside Senior’s vehicle, and multiple shots were fired from its front passenger-side window, striking Senior’s car repeatedly. Senior was uninjured, but Junior was shot once in the side of the head, killing him. A jury convicted appellant of second degree murder (Pen. Code, §§ 187, subd. (a), 189, subd. (b))2 and discharging a firearm at an occupied motor vehicle (§ 246). The jury also found true the allegation that the murder was perpetrated by shooting a firearm from a motor vehicle (§ 190, subd. (d)). The trial court sentenced appellant to 20 years to life in state prison. On appeal, appellant claims the trial court failed to properly instruct the jury on the theory of aiding and abetting murder with implied malice. Specifically, he alleges…