People v. White CA2/7

INTRODUCTION

A jury convicted defendant and appellant Dewann Wesley White of first-degree murder for the killing of Maurillio Ponce. In trying White for first-degree murder, the prosecution relied on a direct aiding and abetting theory, arguing that cell phone records established that White was involved with Ponce’s murder. White contends insufficient evidence supports his conviction. We agree. The prosecution did not produce sufficient evidence to establish that White intended to kill Ponce or aid and abet his murder. Accordingly, we reverse the trial court’s judgment.

FACTUAL AND PROCEDURAL BACKGROUND1

1. Maurillio Ponce’s Murder Maurillio Ponce lived in Lancaster with his wife, Evangelina Flores, and their three children. He owned a diesel-truck repair shop and tire yard located in Littlerock, about 30 miles southeast of Lancaster. He owned two pickup trucks, both of which he used for work, and he was leasing a white Lincoln Navigator, which his wife primarily drove. On the evening of October 6, 2008, Ponce asked Flores if he could drive the Navigator to meet a person named Tony in Valencia or Santa Clarita. Later that night, around 10:00 p.m., Flores heard Ponce…