People v. Watkins CA2/5

I. INTRODUCTION

A jury convicted defendant Patrick Watkins of two counts of first degree murder (Pen. Code, § 187, subd. (a)1); 24 counts of willful, deliberate, and premeditated attempted murder (§§ 664, 187, subd. (a)); four counts of shooting at an occupied motor vehicle (§ 246); 13 counts of assault with a firearm (§ 245, subd. (a)(2)); three counts of second degree robbery (§ 211); one count of attempted second degree robbery (§§ 664, 211); and one count of possession of a firearm by a felon (§ 29800, subd. (a)(1)). The jury found true a multiple murder special circumstance allegation as to the murder convictions in counts one and two (§ 190.2, subd. (a)(3)) and firearm allegations as to all counts under section 12022.5, subdivisions (a) and (d) or 12022.53, subdivisions (b), (c), and/or (d). Defendant admitted he had five prior convictions within the meaning of the Three Strikes law. (§§ 667, subd. (d) and 1170.12, subd. (b).) On appeal, defendant contends that insufficient evidence supported four of his convictions for willful, deliberate, and premeditated attempted murder; the trial court erred in admitting evidence of song lyrics; the prosecutor committed misconduct…