Blackburn

Certified for Partial Publication. [*]

Defendant Rodrick Jermaine Blackburn shot and killed two teenage boys, for no apparent reason other than that he "hate[d] Mexicans." There was testimony that defendant Derwin Jules Jackson encouraged Blackburn to shoot the teenagers. When the shooting was over, Jackson drove Blackburn away.

Defendants contend:

1. The testimony that Jackson encouraged Blackburn was too conclusory and uncertain to support the verdict finding Jackson guilty of aiding and abetting the murders.

2. The trial court erred by admitting evidence regarding a pair of gloves.

3. The trial court erroneously denied a Wheeler motion ( People v. Wheeler (1978) 22 Cal.3d 258 , 148 Cal.Rptr. 890 , 583 P.2d 748 ).

4. The trial court erroneously failed to instruct that a person who does nothing but facilitate the perpetrator's escape is not an aider and abettor.

5. Jackson's trial counsel rendered constitutionally ineffective assistance in investigating and preparing for trial and in closing argument.

6. There was insufficient evidence that Jackson's prior conviction was a serious felony for purposes of the three strikes law.

7. The trial court imposed…