People v. Christon CA2/2

FACTS AND PROCEDURAL BACKGROUND

I. Facts3

A. The underlying crimes In September 2005, defendant noticed that a group of 20 men were playing a game of dice in a residential driveway and saw anywhere from $400 to $2,000 in the “pot.” He walked up, asked if any of the players were “strapped” (that is, armed with a firearm), and the homeowner responded that no one had guns. Defendant walked away, and went to find someone else to help him “hit up the dice game.” Davionne McDowell (McDowell) agreed. Defendant gave McDowell a gun and a plastic bag to carry away the money. While defendant was parked around the corner, McDowell approached the game, pulled out his gun, and demanded that the players “give up the cheese.” When several of them ran, McDowell sprayed bullets at the fleeing men, three of whom were hit by bullets. One of the three—the homeowner— died from his wounds. McDowell ran back to defendant’s car, and defendant drove him away. Defendant was a member of the Bloc Crips street gang. B. Prosecution, conviction and appeal The People charged defendant with (1) the murder of the homeowner (§ 187, subd. (a)), (2) three counts of attempted premeditated murder, one for…