People v. Gray CA5

INTRODUCTION

Justin Griffin, Jr. (Junior) was fatally shot after 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 and occupied by David Earlvon Gray (appellant) and Christian Francois Gaines followed them. Junior was an active gang member, and appellant, King, and Gaines were members of rival gangs. Several minutes later, King’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 first degree murder (Pen. Code, §§ 187, subd. (a), 189, subd. (a))2 and found true the special circumstances allegation that the murder was intentional and perpetrated by means of discharging a firearm from a motor vehicle (§ 190.2, subd. (a)(21)). The trial court sentenced appellant to life in prison without the possibility of parole. On appeal, appellant asserts that the trial court abused its discretion in admitting evidence regarding his participation in a prior shooting, that a rap video introduced at…