People v. Song CA2/8

Filed 7/30/24 P. v. Song CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B331022

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA494080) v.

JAMES SONG,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Eleanor J. Hunter, Judge. Affirmed. Deborah L. Hawkins, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Zee Rodriguez and Michael C. Keller, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant and appellant James Song was found guilty by a jury of murder, attempted murder and related felonies arising from a drive-by shooting that occurred on New Year’s Eve in 2020. In this appeal, defendant contends the prosecutor engaged in misconduct during voir dire and the court committed sentencing error. We affirm. FACTUAL AND PROCEDURAL SUMMARY Defendant was charged with murder (Pen. Code, § 187, subd. (a); count 1), premeditated attempted murder (§§ 187, subd. (a), 664; count 2), discharge of a firearm with gross negligence (§ 246.3, subd. (a); count 3), possession of a firearm by a felon (§ 29800, subd. (a)(1); count 4), and shooting from a motor vehicle (§ 26100, subd. (c); count 5). As to counts 1 and 2, it was alleged defendant personally used a firearm within the meaning of section 12022.5, subdivision (a). As to counts 1, 2 and 5, it was alleged defendant personally caused great bodily injury by discharging a firearm from a vehicle pursuant to section 12022.55. Count 2 also included a great bodily injury allegation pursuant to section 12022.7, subdivision (a). It was further alleged defendant had suffered two prior qualifying strike convictions within the meaning of the “Three Strikes” law (§§ 667, subd. (d), 1170.12, subd. (b)). The testimony at trial, supported by surveillance video and cell phone tower data, demonstrated that on the evening of December 31, 2020, defendant left his home driving a silver Lexus. While driving down Rosewood Avenue, defendant indiscriminately fired a gun from the Lexus. Defendant continued driving and arrived on Taft Avenue approximately eight minutes later where he fired at least three more shots from the car at Edwin Soto and Robert Navarro who were standing outside Navarro’s home talking.