P. v. Hill CA1/2
In April of 2014, defendant Donald Hill was standing with a group of men near the mailboxes outside his apartment complex when he allegedly handed a gun to Timothy Mitchell. Shortly thereafter Mitchell, together with Danny Jeffreys, walked behind a fence and opened fire on another group of men across the street. Tereaun Berry was killed, and his brother Trent was injured. Hill was charged with murder and attempted murder on the theory that he aided and abetted both Mitchell and Jeffreys by handing Mitchell the gun. He was tried separately from several other defendants and a jury found him guilty as charged. On appeal, he raises numerous challenges to his convictions. With respect to the murder count, he argues that the trial court erred in refusing to instruct the jury on the lesser included offense of attempted murder and that the trial court erred in responding to the jury’s question during deliberations regarding whether it mattered who fired the fatal shot.
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