People v. Green CA2/4

INTRODUCTION

David Anthony Green appeals from a judgment and sentence, following his convictions for two murders and possession of a firearm by a felon. He contends the jury’s findings of first-degree murder should be reversed, as there was insufficient evidence to support the prosecution’s theory that the murders were committed while lying in wait. He further contends he was denied his right to self- 1 representation when the trial court denied his Faretta motion following the jury’s verdict. For the reasons stated below, we find no reversible error and, accordingly, affirm.

PROCEDURAL HISTORY

In an information, the Los Angeles County District Attorney charged appellant with two counts of first degree murder with a multiple murder special 2 circumstance (Pen. Code, §§ 187, subd. (a), 190.2, subd. (a)(3)), and one count of possession of a firearm by a felon (§ 12021, subd. (a)(1)). It was alleged that in both murders, appellant personally used and intentionally discharged a firearm that caused great bodily injury and death. (§ 12022.53, subds. (b)-(d).) The information further alleged that appellant had two prior “strike” convictions within the meaning of sections 1170.12,…