People v. Rogers CA3

BACKGROUND

In April 2016, defendant and his girlfriend Felicia Spruell-Jones were evicted from their home. Days after they were evicted, Spruell-Jones’s dead body was found underneath a highway exit overpass, a gunshot wound in her face, and a shell casing several feet away. She also had injuries on her face and arm that were consistent with a car driving over her. It was later determined that the gunshot to her face was the primary cause of Spruell-Jones’s death, but the blunt head injury was a contributing cause as well. In December 2016, following an investigation, the People charged defendant with Spruell-Jones’s murder. (§ 187.) In committing that murder, the People alleged defendant personally used a firearm, discharged a firearm, and discharged a firearm causing great bodily injury or death. (§ 12022.53, subds. (b), (c), & (d).) Defendant pleaded not guilty. During trial, counsel discussed with the trial court whether there was sufficient evidence to warrant an instruction on voluntary manslaughter. The prosecutor argued there was no evidence the victim was killed during a fight and thus, no evidence to support a voluntary manslaughter instruction. Defense counsel argued…