Carr
People v. Carr
Opinion
lead Opinion
Perluss, J.
Marquise Daniel Carr appeals from the judgment entered following his conviction by a jury on two counts of first degree murder and one count of being a felon in possession of a firearm. The jury also found true two special circumstances allegations related to the murder counts—that Carr had committed multiple murders and was an active participant in a criminal street gang at the time of the murder. (Pen. Code, § 190.2, subd. (a)(3), (22).) 1 In addition, the jury found true associated criminal street gang and firearm-use enhancement allegations.
Carr contends the prosecutor committed prejudicial error under Griffin v. California (1965) 380 U.S. 609, 615 [ 14 L.Ed.2d 106 , 85 S.Ct. 1229, 1233 ] (Griffin), which forbids comment by the prosecution on an accused’s silence, when she criticized Carr’s failure to call an alibi witness in his defense. Carr also argues the special circumstance of murder by an active participant in a criminal street gang was improperly imposed because the People failed to prove Carr knew the gang was engaged in illegal activities. Finally, Carr contends there was insufficient evidence the shootings were gang related. We affirm.