People v. Tucker CA3

I. BACKGROUND

The relevant facts of this case are taken from our prior opinion in defendant’s direct appeal. (People v. Tucker (Sept. 11, 1992, C011923) [nonpub. opn.].) “Sandy, Donna and Debra S. were sisters. Defendant believed Sandy owed him five dollars. He entered her apartment and grabbed Donna by the throat, threatening to shoot somebody unless he was paid. He shot Sandy. Debra took Donna’s baby and fled. She heard another shot and saw Donna lying in the driveway. Donna died that night but Sandy spent several months in the hospital before dying. Defendant claimed that after a quarrel regarding narcotics he shot Sandy in self-defense, that Donna then grabbed his arm, causing his gun to fire into Donna. [¶] Defendant was charged with two counts of first- degree murder with a multiple-murder special circumstance and the court instructed the jury on the various homicide rules. The court instructed on three theories of second- degree murder as to Donna, unpremeditated murder, murder based on the deliberate commission of an act dangerous to human life and second-degree felony murder. (CALJIC Nos. 8.30, 8.31, 8.32.) The felony underlying the felony-murder theory was the murder of…