People v. Lee CA4/1

INTRODUCTION

In this multiple victim case, which arose out of a shooting incident in March 2013

and involved a mistrial and a second jury trial, Richard Charles Lee and his codefendant,

Kemondre Deshawn Hamilton, were charged with attempted murder and numerous other

felonies. Hamilton, who ultimately was acquitted of all charges with the exception of

one,1 is not a party to this appeal. As discussed more fully, post, the first jury rejected

Lee's defense of self-defense and found him guilty of three felony charges, and the

second jury acquitted him of the charges that were retried. Challenging two of the three

convictions he suffered at the first trial─assault with a semiautomatic firearm on Larry

Williams (count 4: § 245, subd. (b)) and shooting at an inhabited dwelling (count 7:

§ 246)─Lee contends the trial court erroneously denied both his motion to dismiss those

two convictions under Penal Code2 section 1385 and his alternative motion for a new

trial as to those counts.3 We affirm the judgment.

In the first trial, a jury convicted Hamilton of being a felon in possession of ammunition. (Pen. Code, § 30305, subd. (a)(1).) In the second trial, he was…