People v. Norwood CA3

Filed 10/4/24 P. v. Norwood CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C100360

Plaintiff and Respondent, (Super. Ct. No. 04F03801)

v.

DONALD NORWOOD,

Defendant and Appellant.

Defendant Donald Ray Norwood contends the trial court erred by denying his petition for resentencing under what is now Penal Code section 1172.61 after an evidentiary hearing. Although the evidence showed defendant planned a retaliatory

1 Undesignated statutory references are to the Penal Code.

Effective June 30, 2022, the Legislature renumbered former section 1170.95 to section 1172.6 without substantive change. (Stats. 2022, ch. 58, § 10.) We refer to section 1172.6 throughout this opinion.

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shooting, drove to the victim’s location, and handed a gun to a fellow gang member in the back seat of the car just before the shooting, defendant argues he did not aid and abet a murder because the shooter shot and killed the wrong person. We disagree and will affirm the order. FACTUAL AND PROCEDURAL HISTORY In 2004, defendant and several other members of the 29th Street Crips street gang met to plan retaliation for a shooting that had targeted one of the founders of the gang. The gang members divided up into cars and drove past different nightclubs looking for the shooter’s white van with large rims. Defendant drove a car with fellow gang members Mark Johnson in the front passenger seat and Jimmy Broadnax in the rear passenger seat. As they were driving, Broadnax saw the van, and defendant followed it. The van pulled into a gas station, where about 30 people were talking and dancing in the parking lot, and parked off to the side. Broadnax told Johnson to get out and shoot and defendant handed Johnson a gun. Johnson jumped out of the car and fired three or four shots at the white van. Defendant got out of the car and yelled, “This is 29th Street.” Johnson then got back in the car and defendant drove off. When they stopped to change cars, Johnson gave the gun back to defendant. Defendant and Broadnax told Johnson he had done a good job. One of the bullets fired by Johnson shattered the rear window of an SUV parked at a gas pump. Another bullet entered Raymond Raya’s back and exited the right side of his chest, killing him. The People charged defendant, Broadnax, and Johnson with murdering Raya and alleged that they had committed the murder for the benefit of, at the direction of, and in association with a criminal street gang (§ 186.22, subd. (b)(1)) and that a principal had personally used a firearm (§ 12022.53, subds. (b), (e)(1)). At trial, the court instructed the jury on, among other things, the definition of murder, the degrees of murder, malice