The People v. Christon CA2/2

Filed 10/4/13 P. v. Christon CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B238761

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA310312) v.

MAKEITHA K. CHRISTON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Sam Ohta, Judge. Affirmed.

Nancy L. Tetreault, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Stephanie A. Miyoshi and Robert C. Schneider, Deputy Attorneys General, for Plaintiff and Respondent. ___________________________________________________

A jury convicted defendant Makeitha Christon of first degree murder (Pen. Code, § 187, subd. (a))1 (count 1); three counts of attempted, willful, deliberate, and premeditated murder (§§ 664/187, subd. (a)) (counts 2, 3, 7); and four counts of attempted second degree robbery (§§ 664/211) (counts 4, 5, 6, 8). The jury found true the allegations that in each count, a principal was armed and used and discharged a handgun causing great bodily injury or death within the meaning of section 12022.53, subdivisions (b) through (e). It was further found true that each offense was committed for the benefit of, and in association with, a criminal street gang, within the meaning of section 186.22, subdivisions (b)(1)(A) and (b)(4). In count 1, the trial court sentenced defendant to state prison for life without possibility of parole, plus 25 years to life for the firearm enhancement. In counts 2, 3, and 7, defendant was sentenced to life with the possibility of parole, plus 25 years to life for the section 12022.53, subdivisions (d) and (e) firearm enhancements. In counts 2, 3, and 7, the trial court also imposed a sentence of 10 years and 20 years, respectively, for the section 12022.53, subdivision (b) and (c) firearm enhancements, which were stayed. In counts 4, 5, 6, and 8, the court imposed a three-year term and stayed the term pursuant to section 654. In these latter counts, the trial court also imposed an enhancement pursuant to section 12022.53, subdivisions (d) and (e). The court imposed a sentence of 10 years and 20 years, respectively, for the section 12022.53, subdivision (b) and (c) firearm enhancements, which were stayed. Defendant appeals on the grounds that: (1) there is insufficient evidence to support the conviction in count 7; (2) there was insufficient evidence to support the jury‟s finding of premeditation and deliberation in counts 2, 3, and 7; and (3) there was insufficient evidence to support the true finding on the gang enhancement.