People v. Morris CA4/1

INTRODUCTION

A jury found Tamoyia Dushawn Morris guilty of first degree murder (Pen. Code,

§ 187, subd. (a))1 and attempted premeditated murder (§§ 664, 187, subd. (a)) in

connection with a gang-related drive-by shooting in 1995. The jury found true

allegations Morris personally used a gun in the commission of both crimes within the

meaning of sections 12022.5, subdivision (a), and 12022.55.

The court sentenced Morris to 25 years to life for murder, and life with the

possibility of parole for attempted murder plus 20 years based on two 10-year

enhancements for personal gun use in both crimes (§ 12022.55). The court also imposed

a $10,000 restitution fine, along with other fees and fines. The court awarded actual

custody credit for time served, but did not award local conduct credit based on section

2933.2.

Morris contends on appeal: (1) the court abused its discretion in denying his

motion for new trial based on juror misconduct and in declining to order an evidentiary

hearing on the issue; (2) the court erred in admitting evidence Morris fled from police

when stopped approximately one month after the drive-by shooting incident and in

excluding evidence of other…