People v. McDonald
Decision Date | 25 June 2015 |
Docket Number | F068281 |
Citation | 189 Cal.Rptr.3d 367,238 Cal.App.4th 16 |
Court | California Court of Appeals Court of Appeals |
Parties | The PEOPLE, Plaintiff and Respondent, v. Maxamillion Lee MCDONALD, Defendant and Appellant. |
Scott Concklin, under appointment by the Court of Appeal, for Defendant and Appellant.
Kamala D. Harris, Attorney General, Michael P. Farrell, Assistant Attorney General, Carlos A. Martinez and Jeffrey D. Firestone, Deputy Attorneys General, for Plaintiff and Respondent.
On August 19, 2012, Christopher Patterson snatched a gold chain from around the neck of 71-year-old Guadalupe Ramos.1 In the process, he either knocked or threw her to the pavement of a grocery store parking lot. Patterson fled on foot; Maxamillion Lee McDonald (defendant), the driver of a car parked several spaces away from the Ramos vehicle, pulled out of the lot and picked Patterson up a block or two away. With defendant in the car was Lawrence Slaughter. The trio--all members of the East Side Crips criminal street gang--then drove to a business that purchased gold. Meanwhile, Guadalupe developed an irregular heartbeat. She was pronounced dead about an hour after the robbery. The day before, defendant, accompanied by Slaughter, had grabbed a gold chain from the neck of a woman in a different store's parking lot.
Defendant now stands convicted, following a jury trial, of first degree murder during the commission of a robbery (Pen.Code,2 §§ 187, subd. (a), 189, 190.2, subd. (a)(17) ; count 1), robbery (§ 212.5, subd. (c); counts 2 & 4), and active participation in a criminal street gang (§ 186.22, subd. (a); count 3).3 As to counts 1 and 2, the jury further found defendant committed the offense for the benefit of, at the direction of, or in association with a criminal street gang.4 (§ 186.22, subd. (b)(1).) Following a bifurcated court trial, defendant was found to have been previously convicted of a serious or violent felony (§§ 667, subds. (c)-(j), 1170.12, subds. (a)-(e)) and to have served two prior prison terms (§ 667.5, subd. (b)). Defendant's motion for a new trial was denied, and, the People not having sought the death penalty, defendant was sentenced to an unstayed term of life in prison without the possibility of parole plus 12 years. He was ordered to pay restitution and various fees, fines, and assessments.
In the published portion of this opinion, we hold there was prejudicial instructional error concerning the requirement that defendant must have aided and abetted the robbery at or before the time of the act causing death. We also hold the jury was correctly instructed on the specific intent required by section 186.22, subdivision (b)(1).
In the unpublished portion, we conclude (1) there was insufficient evidence to support the special circumstance finding; (2) there was sufficient evidence to support the gang enhancements; (3) the error in giving CALCRIM No. 361 was harmless; and (4) the jury was adequately instructed concerning the elements of section 186.22, subdivision (a). We vacate the special circumstance finding and reverse the conviction and enhancement on count 1, affirm the conviction and enhancement on count 2, affirm the convictions on counts 3 and 4, affirm the prior strike and prison term enhancements, and remand the matter for further proceedings.
Defendant raises a number of claims of purported instructional error.31 We address each in turn.
A. First Degree Felony Murder
Defendant contends the trial court erred by failing to instruct, as to first degree felony murder, that the jury had to find he aided and abetted the robbery before or at the time of the act(s) causing death.32 Under the instructions given, he says, the jury could have believed defendant was guilty of aiding and abetting a robbery in progress by acting as a getaway driver before Patterson had reached a place of temporary safety, and, hence, was automatically guilty of felony murder even though the acts that caused Guadalupe's death had already been committed before he aided and abetted. We agree with defendant that his murder conviction must be reversed.33
The prosecution presented evidence from which the jury reasonably could have determined defendant was a coplanner of the robbery and participated in casing the Foods Co for a victim, then acted as the getaway driver for the actual robber--in other words, that he aided and abetted the robbery from the outset. If jurors believed defendant's testimony, however, he had no idea ahead of time that Patterson was going to commit any kind of crime at the Foods Co, and only went to Patterson's aid (although suspecting Patterson had committed some kind of crime) after he saw Patterson running away from the store.34
Without objection or modification, the trial court gave CALCRIM No. 1603 in conjunction with instructions on robbery, as charged in counts 2 and 4, to wit:
During the jury instruction conference, the parties agreed the only applicable theory of first degree murder was felony murder. The People requested that CALCRIM No. 540B be given; defense counsel had no objection. Pursuant to that instruction, the trial court told the jury:
For reasons not apparent from the jury instruction conference, the trial court omitted a bracketed paragraph from the instruction that would have told jurors: “[The defendant must have (intended to commit[,]/ [or] aid and abet [,]/ [or] been a member of a conspiracy to commit) the (felony/felonies) of _ insert felony or felonies from Pen.Code, § 189 > before or at the time that (he/she) caused the death.]”
With respect to the robbery-murder special circumstance, and without objection, the trial court gave CALCRIM No. 703, which told the jury, in pertinent part:
Finally, with the agreement of both parties, the trial court modified CALCRIM No. 730 to delete language referring to conspiracy. It then instructed the jury:
To continue reading
Request your trial- People v. Rios
- People v. Aviles
- Granados v. Montgomery
- People v. Lewelling