People v. Dorsey CA1/3

Filed 7/18/25 P. v. Dorsey CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, A168340 v. (Contra Costa County JERAMY RONELL DORSEY, Super. Ct. No. 02003348497) Defendant and Appellant.

A jury acquitted Jeramy Ronell Dorsey of first degree murder but convicted him of second degree murder. On appeal, he contends the trial court’s failure to instruct the jury with former CALCRIM No. 640 — a pattern instruction guiding jurors regarding deliberations and completion of verdict forms for defendants charged with first degree murder — requires reversal. He argues that without this instruction, the jury was unaware of its obligation to resolve any reasonable doubts regarding his guilt as between greater and lesser included offenses, i.e., first and second degree murder and manslaughter, in his favor — finding him guilty of the lesser offense. We affirm. BACKGROUND Dorsey had an ongoing contentious relationship with his uncle, Surako Follings, Sr., with whom he occasionally worked and lived. In one instance, Follings interrogated Dorsey about his life choices and family but became

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upset when he failed to answer. Follings swung his fist at Dorsey and threw him to the ground. On another occasion, Follings accused Dorsey, who was sitting in his car, of brandishing a gun while he was walking by. According to Dorsey, Follings then kicked the driver’s side door. In text messages to an associate later that day, Dorsey complained his uncle was acting like a victim, stating “I want to dent his shit like mines is,” and “I’m gonna finish him the same day.” Text messages between Dorsey and Follings became increasingly heated. Early one morning in May 2021, Dorsey texted him, “You are a bitch.” Follings responded by insulting him and conveying a physical threat. Dorsey replied that he was waiting at Follings’s house — sending pictures of the front of the house and its security gate — and stated, “I’m gone [sic] take care of all that after your [sic] gone. I promise.” Later, Follings texted an apology and expressed his love for Dorsey. Dorsey responded: “Your [sic] a bitch. . . . U know I’m gone [sic] fuck you up when I see you.” The next day, Dorsey arrived at Follings’s home with a gun and fully loaded magazine. Dorsey’s aunt heard Follings and Dorsey yelling at each other — Dorsey was brandishing the gun at Follings, who was unarmed. Follings either leaned forward or looked at the ground, and Dorsey raised the firearm and began shooting — three gunshots to Follings’s head, and six more to his body — killing him. As relevant here, Dorsey was charged with first degree murder and a personal and intentional discharge of a firearm causing death enhancement.1