People v. Owens CA2/6

Facts and Procedural History

2 The 23 year determinate sentence was based on the following sentence calculation: four years state prison on count 2 (corporal injury to a cohabitant), plus one year on count 1 (attempted forcible oral copulation; one-third the three year midterm), plus eight years on count 4 (forcible sodomy), plus eight years on count 5 (forcible rape), plus two years of the prison prior enhancements (§ 667.5, subd. (b)).

2 A jury convicted appellant of the 2007 murder of Michael Spradling (an ex-gang member) and the 2011 sexual/physical assault and victim/witness dissuasion of S.M. (appellant's girlfriend) based on the following evidence: In 2007, appellant was a member of the Six Deuce Brims gang and embroiled in a gang war with the VLP, a rival Hispanic gang that killed Jerald Hughes, a Blood gang member. On June 11, 2007, appellant attended a party hosted by Crips gang member Anthony "L.A." Best. After the VLP gang disrupted the party, appellant and L.A. agreed to go out and hunt an "ese," a derogatory term to describe a Hispanic gang member. Appellant had a .38 caliber revolver and targeted Michael Spradling outside a Lompoc apartment. Although…