People v. Livingston CA2/5

I. INTRODUCTION

The Los Angeles County District Attorney charged defendant and appellant Kayveon Livingston and codefendants Christopher Griffis and Alontae Green with murder (Pen. Code, § 187, subd. (a)1) and defendant and Griffis with shooting at an occupied building (§ 246).2 The District Attorney alleged that in the commission of the murder and shooting a principal personally and intentionally discharged a firearm causing death (§ 12022.53, subds. (d) and (e)(1)) and the offenses were committed for the benefit of, at the direction of, or in association with a criminal street gang with the specific intent to promote, further, and assist in criminal conduct by gang members (§ 186.22, subds. (b)(1)(C) and (b)(4)). Defendant and Griffis were tried together before separate juries. Defendant’s jury convicted him of second degree murder and shooting at an occupied building. It found true the gang allegations and not true the firearm allegations.3 The trial court

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

The District Attorney also charged Green with attempted murder (§§ 664/187, subd. (a)) and shooting at an occupied motor…