People v. Stokes CA4/2

I.

INTRODUCTION

Defendant and appellant Travon Stokes shot and killed three people in a lounge’s

parking lot. A witness said defendant yelled the name of his gang before shooting the

victims. Defendant claimed he was repeating the lyrics to a rap song he had heard just

before the shooting. A jury convicted defendant of three counts of murder and found true

several special circumstances, including that he committed the murders for the benefit of

his gang. The trial court sentenced defendant to a term of 25 years to life plus a term of

life without the possibility of parole.

Defendant argues the jury committed misconduct because they discussed whether

the rap song was released after the shootings even though there was no evidence of its

release date. He also argues there is insufficient evidence to support the jury’s finding

that he committed the murders for the benefit of his gang and that the trial court

erroneously imposed fines and fees. Defendant alternatively argues that the jury’s true

findings on the gang enhancements must be vacated and the matter remanded for retrial

under recent changes to the applicable law. Finally, defendant argues he is entitled to…