P. v. Shaw

Filed 2/14/07  P. v. Shaw CA2/7

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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 SEVEN

            APPEAL from a judgment of the Superior Court of Los Angeles County.  Michael E. Pastor, Judge.  Affirmed as modified.

            Mark Alan Hart, under appointment by the Court of Appeal, for Defendant and Appellant.

            Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Mary Jo Graves, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Linda C. Johnson and Michael A. Katz, Deputy Attorneys General, for Plaintiff and Respondent.

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            Defendant Lewis Shaw timely appeals from his conviction on one count of special circumstances murder, three counts of attempted murder and some of the trial court's sentence enhancements.  We affirm the convictions and modify Shaw's sentence.

FACTS AND PROCEEDINGS BELOW

            Kevin Rhodes and Londell Murdock were best friends.  Rhodes and Murdock used to be members of the Rollin 40's Crips which is an enemy of the Rollin 30's Crips.

            At approximately 2 p.m. Rhodes and Murdock went to a market at Vernon and Budlong which was located in Rollin 40's territory.  As they were walking up Budlong after leaving the market, Murdock turned around.  Rhodes looked the same way and saw someone with a gun.  A Black man in a red shirt, later identified as defendant Shaw, stood about six feet away.  Shaw raised his gun and said, â€