Crowe

Introduction

A jury convicted Calvin Crowe of second degree murder (Pen. Code, §§ 187, 189) 1 and being a felon in possession of a firearm (§ 12021, subd. (a)(1)). The jury found true the sentencing enhancements that defendant personally and intentionally discharged a firearm, killing the victim (§ 12022.53), and that he personally used a firearm (§ 12022.5, subd. (a)(1)). *89 In a separate proceeding, the jury found true the allegation, pled both under the “Three Strikes” law and section 667, subdivision (a), that defendant had suffered a serious felony conviction in 1998 for the grossly negligent discharge of a firearm (§ 246.3) (People v. Crowe (Super. Ct. L.A. County, 1998, No. SA032968)). The court denied defendant’s motion to strike the prior conviction and sentenced him to a term of 55 years to life, plus 5 years.

In an opinion rendered last year after trial was completed in this matter, the California Supreme Court held intent to kill is not an element of voluntary manslaughter. (People v. Lasko (2000) 23 Cal.4th 101 [ 96 Cal.Rptr.2d 441 , 999 P.2d 666 ].) In this case the jury, pursuant to defendant’s request, had been instructed about, inter alia, the lesser…