Jones

Defendant and appellant Melvin J. Jones appeals from his conviction of second degree felony murder, attempted murder, assault with a semi-automatic firearm and shooting at an occupied motor vehicle. [1] He contends: (1) the conviction for second degree murder must be reversed; (2) there were various instructional errors; (3) the trial court erred in admitting evidence of defendant's post-arrest conduct; (4) even if individually harmless, the errors were cumulatively prejudicial; and (5) there were sentencing errors. We modify the judgment and affirm as modified.

Viewed in accordance with the usual rules on appeal ( People v. Kraft (2000) 23 Cal.4th 978, 1053 , 99 Cal.Rptr.2d 1 , 5 P.3d 68 ), the evidence established that defendant was one of about 200 members of the criminal street gang known as the Tiny Rascals Gang (TRG). Defendant was one of three or four African-American members of TRG; about 90 percent of the members are Cambodian. TRG's primary rivals are Hispanic gangs, which are known as "Eses." A Latino gang member may be referred to as a "Longo."

On Sunday, June 22, 2003, Patricia Miller was driving her 12 year-old son, Michael, to a laundromat. As she was…