People v. Walker CA4/3

INTRODUCTION

Defendant Clinton Tyrone Walker appeals from the judgment entered after a jury found him guilty of the first degree murders of Samuel Langston and Lashanne McDaniels. The jury found true the special circumstances that Walker committed multiple murders and committed the murders during the commission of a robbery, and also found true several firearm enhancement allegations. Walker’s sole argument on appeal is that insufficient evidence supported the jury’s finding that he personally and intentionally discharged a firearm which caused the death of Langston, within the meaning of Penal Code section 12022.53, subdivisions (c) and (d). (All further statutory references are to the Penal Code unless otherwise specified.) We affirm. Substantial evidence supported the jury’s finding there was only one gun involved in the murders and that it was Walker who personally and intentionally discharged the gun that caused Langston’s death.

SUMMARY OF RELEVANT FACTS

In April 2009, Billie Leonard lived in a house in the City of San Bernardino 2 with her daughter, Camille Leonard. Billie rented out the back room of the house to her friends, Richard Sanchez, his mother, and his…