People v. Humdy CA2/2

FACTS AND PROCEDURAL BACKGROUND

I. Facts

A. The underlying crime In July 1993, defendant went to Palm Springs with his girlfriend Joyce Mitchell (Mitchell), Mitchell’s four-year-old son DeJohn, and his friend Lauren Edward (Edwards). Defendant was a more established member of the Crips street gang, and Edwards—who was then 16 or 17 years old—was a newer gang member. Defendant’s moniker was “Joker.” The three were strapped for cash and were sleeping on the living room floor of the one-bedroom apartment where Mitchell’s aunt lived. Because Mitchell’s car had been impounded while they were in Palm Springs, they had no way back to Los Angeles, where they all lived. Ready to have them vacate her small apartment, Mitchell’s aunt arranged for defendant and the others to hitch a ride back to Los Angeles with one of the aunt’s “close friends” and coworkers, a woman named Malea Davidson (Davidson).

All further statutory references are to the Penal Code unless otherwise indicated.

2 Davidson and her boyfriend, Peter Chase (Chase), were already planning to drive to Los Angeles, and offered to let them ride in the bed of their truck. In the mid-afternoon of Friday, July 2,…