White

People v. White

Bad Law
178 Cal. Rptr. 3d 583·2014 Cal. App. LEXIS 888·230 Cal. App. 4th 305
Court of Appeal of CaliforniaOctober 3, 2014B250069California5,711 words

Opinion

Opinion

Manella, J.

In the underlying action, juries found appellant Dimitri Devon Gales guilty of attempted voluntary manslaughter and shooting at an inhabited dwelling, and appellant Marcus Trevelle White guilty of possession of a firearm by a felon and shooting at an inhabited dwelling. Appellants contend their convictions must be reversed due to the erroneous admission of evidence, insufficiency of the evidence, and instructional error; in addition, they request that we independently review the transcript of an in camera hearing before the trial court, and that we correct an error in the determination of their custody credits. Respondent acknowledges an error in the custody credit determination, and further maintains that the trial court failed to impose certain mandatory fees.

In the published portion of this opinion, we reject Gales’s contention there is insufficient evidence to support his conviction for shooting at an inhabited dwelling (Pen. Code, § 246), concluding that an aider and abettor of that offense need not know of, or share, the perpetrator’s specific intent to shoot at an inhabited dwelling, even when the perpetrator has such an intent. In the unpublished portions of the…

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