P. v. Devore

Filed 3/21/06 P. v. Devore CA2/8

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

APPEAL from a judgment of the Superior Court of Los Angeles County, Terry Smerling, Judge. Affirmed in part with directions; reversed in part.

Gordon S. Brownell, under appointment by the Court of Appeal, for Defendant and Appellant Marque Devore.

Janyce Keiko Imata Blair, under appointment by the Court of Appeal, for Defendant and Appellant Zimbabwe Abdul-Malik.

Donald R. Tickle, under appointment by the Court of Appeal, for Defendant and Appellant Charvis Rodgers.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Jaime L. Fuster and Joseph P. Lee, Deputy Attorneys General, for Plaintiff and Respondent.

* * * * * *

Eugene Greene III was shot and killed on December 13, 2000, in the driveway of his mother's home in Altadena. Marque Devore, Zimbabwe Abdul-Malik and Charvis Rodgers were convicted of his murder and of the carjacking of Greene's car. They appeal their convictions, which were returned by two separate juries.

The Abdul-Malik/Rodgers jury found Abdul-Malik and Rodgers guilty of murder and carjacking. The jury found that the crimes were committed to benefit a criminal street gang. The jury also found that in both crimes a principal had intentionally discharged a firearm, causing death.

Devore's jury convicted him of murder and carjacking. The jury exonerated Devore of the criminal street gang and firearms allegations.

Abdul-Malik and Rodgers were sentenced to prison for a total of 50 years. The criminal street gang findings make them ineligible for parole for a minimum of 15 years. (Pen. Code, § 186.22, subd. (b)(5).) Devore was sentenced to a total of 25 years in prison.

FACTS

1. Greene and His Car

Greene lived with his mother in Altadena. He drove a white Chevrolet Caprice, which was fitted with expensive 20-inch rims. It was a type of car that is often stolen. Greene was not a gang member.

2. Greene's Car and Prior Incidents of Gang Harassment

A month prior to December 13, 2000, all three appellants followed a friend of Greene's into a beauty shop and identified themselves as gang members. Appellants had been driving in a yellow Malibu before they entered the shop.

A week later, the yellow Malibu driven by Rodgers began following Greene's car; men inside the Malibu made gang signs. The Malibu was followed by a Cutlass driven by Abdul-Malik, who also â€