Rushing
People v. Rushing
Opinion
Lead Opinion
Klein, J.
Defendants and appellants, Cory Travion Rushing and Nakia Hubbard, appeal the judgments entered following their convictions for first degree murder (Hubbard) and second degree murder (Rushing), with gang enhancements (Pen. Code, §§ 187, 186.22, subd. (b)). 1 Defendants were sentenced to state prison for terms of 25 years to life (Hubbard) and 15 years to life (Rushing).
The judgments are affirmed.
BACKGROUND
1. Prosecution evidence.
On the evening of October 5, 2007, Gregory Powe was driving with his 13-year-old foster son, R.R., in the car. Powe was 55 years old and, although retired, he worked part time as a school crossing guard. R.R. testified some “gang bangers” were blocking their way, so Powe got out and asked them “if they could please move.” One of the gang bangers started punching Powe in the chest and the face. Powe tried to defend himself, but the beating continued. Then R.R. saw “a whole bunch of the gang bangers around” Powe, *804 who was now on the ground. Someone called the police from a nearby house. R.R. saw the paramedics arrive and treat Powe. R.R. could not identify the people who had beaten Powe.