P. v. Brown
This is the tragic tale of two men, practically relatives, one of whom shot and killed the other over a $30 debt and the attitude with which its payment was offered. Defendant Vernon Brown shot Wakeel Shakir at least four times in the back, chest and arm with a .38 caliber revolver, killing him in front of his own home. Defendant was convicted of second degree murder (Pen. Code, 187, subd. (a)),[1] with two strike priors ( 1170.12), which were also alleged as serious felony priors ( 667, subd. (a)(1)), and an enhancement for discharge of a firearm resulting in death ( 12022.53, subd, (d)). He was sentenced to an aggregate term of 80 years to life in prison.
Defendant raises two issues on appeal: (1) that evidence of a prior non-lethal incident in which he shot a woman from behind should not have been allowed in evidence as prior misconduct relevant to intent or any other issue; and (2) that no evidence of a prior grand theft conviction ( 487.1) should have been put before the jury in the bifurcated trial on the priors, since the district attorney had announced his decision not to go forward on the enhancement allegation relating to that prior conviction. Court affirm.
Comments on P. v. Brown