People v. King CA1/4

Filed 3/27/14 P. v. King CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, Plaintiff and Respondent, A134044 v. JASON KING, (Alameda County Super. Ct. No. 157947) Defendant and Appellant.

Jason King appeals from a judgment upon a jury verdict finding him guilty of first degree murder (Pen. Code,1 § 187, subd. (a)) and attempted murder (§§ 187/664). The jury also found true the allegations that defendant used a firearm and intentionally discharged it within the meaning of sections 12022.5, subdivision (a); 12022.53, subdivisions (b), (c), and (d) and 12022.7, subdivision (a). Defendant contends that the trial court abused its discretion in admitting evidence of a witness who claimed he was almost kidnapped two days prior to his testimony. We affirm. I. FACTS Sherman “June” Hart testified that he knew defendant and Evan Williams from around the neighborhood. Defendant and Williams were always together. On June 10, 2007, Hart ran into defendant and Williams at Alice’s house on 72nd Street in Oakland. Williams took Hart’s two dollars that were on a dresser and started to

1 Unless otherwise indicated, all further statutory references are to the Penal Code.

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leave. Hart followed them out the door and said, “Hold on man. What you doing?” Williams turned around and knocked Hart into the bush. Approximately 20 minutes later, Hart saw Jason McGill at the corner of 71st and Hamilton. McGill was selling drugs and had sacks of marijuana in his hand and rock cocaine in his mouth. Hart was on his bicycle and spoke to McGill for about 15 to 20 minutes. At some point, he noticed a blue four-door Buick traveling south from International coming down 71st Street. He then saw Williams and defendant approach. Williams asked Hart, “June, nigga, what you got your bitch ass nigga ass here for?” Williams and defendant were leaning against a wall about three feet away from Hart and McGill. Hart saw Williams hand a black pistol to defendant. Defendant stepped behind McGill and fired the gun at his head. Hart then fled on his bicycle. As he was cycling toward 69th Street, a number of gunshots were directed at him that ricocheted off the bicycle. He heard about five gunshots. He looked back and saw that defendant was shooting the gun. Hart did not immediately notice that he had been hit in the lower calf area of his leg. He proceeded to try to get out of the area. When he reached International Boulevard, he realized that he had been hit in the leg. A friend saw him and flagged down a police car. Hart was taken by ambulance to the hospital where he was treated. In addition to the gunshot wound to his leg, a bullet had also grazed his buttock. McGill died from the gunshot wound to his head. Sergeant Andreotti investigated the shooting. He took a statement from Hart at the hospital at about 3:00 a.m. on June 11, 2007. Hart provided a description of the suspects in the shooting. Andreotti’s investigation led to the identification of defendant and Williams as suspects. Two days after the shooting, Hart identified defendant and Williams in a photographic lineup. The police recovered a gun when they arrested Jerrin Carpenter in Oakland on June 11, 2007 for possession of a firearm. Carpenter had purchased the weapon earlier that evening in a dice game. The police subsequently determined that it was the murder