Gatson

I. Introduction

Defendant, Keith E. Gatson, appeals from his convictions for: first degree murder (Pen. Code, § 187, subd. (a)); second degree robbery (§211); attempted second degree robbery (§§664, 211); assault with a deadly weapon causing great bodily injury (§ 245, subd. (a)(1)); and bringing a weapon into a jail. (§ 4574, subd. (a).) It was determined that defendant was engaged in the commission of the crime of robbery when he committed the murder. (§ 189.) It was also found that defendant personally used a firearm in the commission of the murder and robbery (§ 12022.5, subd. (a)). Further, the jury found that a principal was armed with a firearm in each offense. (§ 12022, subd. (a)(1).) In the published portion of the opinion, we address the scope of the dying declaration exception to the hearsay rule. (Evid. Code, § 1242.)

II. Factual Background

When viewed in a light most favorable to the judgment (Jackson v. Virginia (1979) 443 U.S. 307, 319 [ 99 S.Ct. 2781, 2789 , 61 L.Ed.2d 560 ]; Taylor v. Stainer (9th Cir. 1994) 31 F.3d 907, 908-909 ; People v. Barnes (1986) 42 Cal.3d 284, 303 [ 228 Cal.Rptr. 228 , 721 P.2d 110 ]), the evidence indicated defendant and his…