People v. Love CA2/3

INTRODUCTION

Defendants and appellants Kevin Love and Damonte Lockridge were charged with, among other things, two counts of premeditated, willful and deliberate attempted murder. Although the jury was not instructed on premeditation, willfulness and deliberation, the jury found the allegation to be true. Because we conclude that the failure to instruct on the allegation was prejudicial, we reverse and remand on that ground. We otherwise reject the remaining contentions concerning sufficiency of the evidence to support the attempted murder convictions and whether giving CALCRIM No. 1403 regarding gang evidence violated Lockridge’s due process rights.

FACTUAL AND PROCEDURAL BACKGROUND

I. Factual background.

A. The prosecution’s case-in-chief. 1. The attempted murders. On the late evening of August 25, 2012, brothers Jashan Bradley, Keith Bradley, and Lemont Bradley1 were at Reggie’s Liquor on Century Boulevard. Jashan and Keith arrived at the store in one car, and Lemont drove separately with his friend, Desean.2 Lockridge, Love, and Cardessa Cardwell were also at the store. The store had seven surveillance cameras showing views from inside and outside.3 While…