People v. Cover CA4/3

Filed 2/13/25 P. v. Cover CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G064306

v. (Super. Ct. No. FSB19004336)

LONNIE COVER, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of San Bernardino County, Ronald Christianson, Judge. Affirmed in part and remanded with instructions. Robert E. Boyce, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Arlene A. Sevidal, Kristine A. Gutierrez, and Susan Elizabeth Miller, Deputy Attorneys General, for Plaintiff and Respondent. * * *

Lonnie Cover was convicted of the first-degree murder of his fellow gang member. The jury found true multiple special circumstances, including lying in wait, killing for financial gain, and killing to further the activities of a criminal street gang. He was sentenced to life without the possibility of parole and appealed from the judgment. Cover contends the evidence was insufficient to support the special circumstances. We hold the evidence was sufficient to support murder for financial gain. Consequently, we need not address the other special circumstances. Cover also contends that the gang findings must be vacated in light of the new requirements of Penal Code section 186.22, effective January 1, 2022. The People concede the issue, and we agree. We will remand to vacate the gang enhancements, but otherwise we affirm the judgment. FACTS On the evening of September 10, 2018, Samantha S. had plans to hang out with her friends Michael Spinks, who she knew as T.R., and Aranda at Spinks’s apartment. Around 10:30 or 11 p.m., Spinks arrived at Samantha’s house to pick her up. He was with “Baby Beary,” later identified as Cover. After stopping at a liquor store, the three drove to Spink’s apartment complex. A group of people were hanging out in the parking lot drinking. Spinks and Samantha went to his apartment and started drinking. About ten minutes later, Cover and another individual knocked on the door. Samantha did not want to hang out with anyone else, and Spinks said he would get rid of them. However, Spinks went to the door and about five minutes later, they all came inside. Spinks went back to the kitchen, and Cover and the other individual sat down on the couch in the living room. Samantha’s friend, known simply as “Aranda,” came in at one point, but