People v. Patterson CA5

FACTS

The facts of the crimes are largely irrelevant to the issues before us. Briefly stated, on August 19, 2012, defendant, a member of the Eastside Crips criminal street gang, was seated on a planter just outside a grocery store when 71-year-old Guadalupe Ramos walked from the store to her daughter’s car a short distance away in the parking lot. Defendant grabbed Ramos from behind and pulled a gold chain from around her

All statutory references are to the Penal Code unless otherwise stated. Defendant originally was jointly charged with Lawrence Slaughter and Maxamillion Lee McDonald, but their cases were severed. Only defendant’s case is before us on this appeal. During trial, the court dismissed an allegation the murder was committed by means of lying in wait (§ 189) and the lying-in-wait special circumstance (§ 190.2, subd. (a)(15)). Jurors were unable to reach a verdict on the gang enhancements (§ 186.22, subd. (b)(1)) alleged as to counts 1 and 2, and the allegations were dismissed on the prosecutor’s motion.

2. neck knocking her to the pavement in the process and causing her to hit her back and head. Defendant then ran out of the parking lot and was picked…