People v. Powell CA2/4

INTRODUCTION

Jonathan AJ Deran Powell appeals from a judgment and sentence following his conviction on two counts of attempted willful, deliberate and premeditated 1 murder. He contends that a juror was biased; that he was denied his Miranda rights; that the testimony of one of his victims was contradictory and not credible; and that the prosecutor committed misconduct during closing. Finding no reversible error, we affirm.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

On October 10, 2012, at around 7:00 p.m., Darahl N. and Benisha J., both juveniles at the time, were shot by appellant. Darahl, an African-American male, was a member of the predominantly Hispanic gang, the South Los. A fellow gang member -- Darahl’s “homie” -- was Benisha’s boyfriend. At around 6:00 p.m., Darahl was “tagging” -- spray-painting -- the street in front of Benisha’s house when he was approached by five people, including appellant. Appellant was a member of a rival gang, the Hoover Criminals. Appellant asked Darahl which gang he belonged to, and Darahl replied “I’m from South Los.” An argument broke out, and the parties began insulting each other’s gang. Someone then said, “This nigga from Waflo is going…