People v. Patton CA2/5

I. INTRODUCTION

A jury convicted defendant, Daishjon Patton, of first degree murder as charged in count 1. (Pen. Code, § 187, subd. (a).)1 The same jury also convicted Mr. Patton and a co-defendant, Burke Robinson, of two counts of attempted willful, deliberate and premeditated murder as alleged in counts 2 and 3. (§§ 664, 187, subd. (a).) The jury further found true gang benefit and firearm use allegations. (§§186.22, subd. (b)(1)(C); 12022.53, subds. (b), (c), (d) & (e)(1).) Mr. Patton was sentenced to 50 years to life in state prison. The trial court found Mr. Robinson had a prior conviction within the meaning of sections 667, subdivisions (b) through (i) and 1170.12. Mr. Robinson was sentenced to: two consecutive life terms on counts 2 and 3; plus a consecutive indeterminate term of 25 years to life on count 2 (§ 12022.53, subd. (d)); and a consecutive determinate 20-year term on count 3 (§ 12022.53, subd. (c)). We modify the judgments and affirm as modified.

II. THE EVIDENCE

A. Overview

We view the evidence in the light most favorable to the judgment. (Jackson v. Virginia (1979) 443 U.S. 307, 319; People v. Osband (1996) 13 Cal.4th 622, 690.) Mr. Patton and Mr. Robinson…