People v. Hinton CA2/5

I. INTRODUCTION

A jury convicted defendant, Richard Lamont Hinton, of the second degree murder of Joseph Gilbert. (Pen. Code, § 187, subd. (a).) Mr. Gilbert died of multiple stab wounds. Defendant claimed self-defense, heat of passion or imperfect self-defense. The defense was premised on defendant’s alleged actual and reasonable belief Mr. Gilbert had a gun. Defendant was sentenced to 16 years to life in state prison. We modify defendant’s presentence custody credit. We affirm the judgment in all other respects.

II. THE EVIDENCE

Derrick Townsend and his girlfriend, Lavenia Wilson, invited several people over to their apartment in the late evening of Thanksgiving 2011. The guests included a friend, Ashley Scott, and her boyfriend, Mr. Gilbert. Mr. Townsend’s friend, Jabari Tate, arrived accompanied by defendant. Mr. Tate had known defendant for more than 10 years. They were close friends and fellow gang members. Neither Mr. Townsend nor Ms. Wilson knew defendant. Defendant’s gang and Mr. Gilbert’s gang were rivals. The group shared alcohol, marijuana and cocaine. Mr. Gilbert was “hyperactive” and made offensive comments, including words disrespectful of defendant’s gang.…