People v. Collins CA2/1

FACTS AND PROCEEDINGS BELOW

A. Trial and Conviction A 2017 information charged Collins, John Charles Patrick, James Hill, and Bernard Kajuan Smith with first degree murder in connection with the drive-by shooting of Demond Jones. At trial, the People prosecuted Collins as an aider and abettor on the theory that Collins intended to and did assist Patrick in committing murder by driving the car out of which Patrick shot Jones. Evidence presented at trial included the following: Patrick and Collins were half brothers and members of gangs that shared a common enemy, the Rollin’ 30’s

1 Subsequent unspecified statutory references are to the Penal Code. Collins filed his petition under the predecessor to section 1172.6, which was codified as section 1170.95. Effective June 30, 2022, the Legislature renumbered section 1170.95 as section 1172.6 (Stats. 2022, ch. 58, § 10) without changing the statute’s content. We hereafter cite to section 1172.6 for ease of reference.

2 Neighborhood Crips (Neighborhood Crips). On the evening of October 4, 2016, Patrick, Collins, Smith, and Hill were drinking at the house of a friend, Kenyetta Loyd. Loyd allowed Patrick to drive a rented burgundy…