People v. Burton CA2/4

INTRODUCTION

Appellant Cedric Burton was convicted of murdering Brandy Houston by means of lying in wait. At trial, the only disputed issue was appellant’s identity as Houston’s killer, who had been captured on video waiting at the sidelines of a fistfight before approaching Houston, drawing a concealed gun from his hoodie, and repeatedly shooting. Houston’s murder was witnessed by his nephew Dyjahn and his sisters Lakeisha and Chrishonda. Lakeisha identified appellant as the shooter in court, and Dyjahn identified appellant as the shooter in a photographic six-pack, which was admitted into evidence after Dyjahn claimed at trial to be unable to identify the shooter. The trial court allowed the prosecution to introduce evidence that an unknown party had created a social media page describing Dyjahn as a snitch, with reference to a date on which he and his mother Chrishonda were scheduled to testify. Chrishonda, who testified that this page frightened her, failed to identify anyone as the shooter. One of the shooter’s accomplices, Denelle Wilson, identified the shooter as “Daredevil,” an Atlantic Drive Compton Crips member with devil horns tattooed on his forehead. Appellant, who…