P. v. Luna
Filed 4/25/06 P. v. Luna CA2/4
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 FOUR
| THE PEOPLE, Plaintiff and Respondent, v. JOSE LUNA et al., Defendants and Appellants. | B174881 (Los Angeles County Super. Ct. No. VA069850) |
APPEAL from judgments of the Superior Court of Los Angeles County, Michael A. Cowell, Judge. Affirmed.
Charlotte E. Costan, under appointment by the Court of Appeal, for Defendant and Appellant Jose Luna.
Verna Wefald, under appointment by the Court of Appeal, for Defendant and Appellant Rafael Picado.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Stephen D. Matthews and Kyle S. Brodie, Deputy Attorneys General, for Plaintiff and Respondent.
Jose Luna and Rafael Picado (collectively referred to as appellants) were each convicted by the same jury of one count of second degree murder (Pen. Code, § 187, subd. (a))[1] and one count of attempted murder (§§ 187, subd. (a) & 664), with findings as to each count that they each personally used a firearm (§ 12022.53, subd. (b)), and personally and intentionally discharged a firearm (§ 12022.53, subd. (c)). The jury also found as to each count that Picado had personally and intentionally caused great bodily injury or death (§ 12022.53, subd. (d)). Luna was sentenced to 62 years to life in prison. Picado was sentenced to 72 years to life. They each filed appeals. Both of them contend that the court erred in allowing the prosecutor to testify; in precluding discovery; in admitting evidence of threats; in admitting an expert's opinion testimony about gangs; in instructing the jury on the natural and probable causes doctrine; in sentencing them to consecutive terms; and they also contend that the cumulative effect of the errors created irreparable prejudice. Luna contends that there was insufficient evidence to support his convictions.
FACTUAL & PROCEDURAL BACKGROUND
In the late evening of August 11, 2001, Kevin Morris and Jerome Wright, African-American college football players, attended a party in a backyard in Buena Park. Their group of about 40 African-American and Hispanic friends then moved to a party in Norwalk, at a residence known to be in the territory of the Neighborhood gang. Most of the attendees at the second party were Hispanic. Sometime after midnight, Edwin Reed, one of Wright's friends, got into an altercation with some of the partygoers. After the party broke up, several Hispanic males confronted Reed and his friends. A fight broke out and shots were fired. Morris was killed by bullets and Wright was wounded. Reed was almost run over by a sports utility vehicle (SUV).
The Investigation
Police arrived at the scene of the shooting shortly thereafter. The people who were still at the party were interviewed by police and videotaped. Detective Kevin Lowe recovered two bullet casings, a cell phone, a baseball cap, and sunglasses. No fingerprints were found on any of the items.
Jerome Wright was interviewed by Detective Lowe four times. Initially, he described a short, heavy-set, Hispanic man who pulled a gun on him, but could not identify the man. He also described another male Hispanic who shot him, got into a dark Ford Explorer, and drove off. When shown a photographic lineup shortly after the shooting, he wrote â€
