People v. Hudson CA2/2

Filed 10/28/14 P. v. Hudson CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B245904

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA370476) v.

GEORGE HUDSON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. John S. Fisher, Judge. Affirmed.

Valerie G. Wass, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Lance E. Winters, Assistant Attorney General, Margaret E. Maxwell and Eric E. Reynolds, Deputy Attorneys General, for Plaintiff and Respondent.

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A jury found appellant George Hudson guilty of second degree murder (Pen. Code, § 187, subd. (a)).1 The jury also found true the allegations that appellant personally and intentionally discharged a firearm causing death (§ 12022.53, subd. (d)), and that he did so for the benefit of, in the direction of, or in association with a criminal street gang (§ 186.22, subd. (b)(1)(C)). Appellant was sentenced to 40 years to life in state prison, consisting of 15 years to life for murder plus 25 years to life for the firearm allegation, and ordered to pay various fines and fees. Appellant contends (1) there was no substantial evidence that he was the person who shot the victim, and (2) the trial court erred by not sua sponte instructing the jury on the lesser included offense of voluntary manslaughter and that the prosecution had the burden of proving the absence of heat of passion as an element of murder. We disagree and affirm. FACTS Prosecution Case A. The Murder On February 7, 2010, at approximately 12:50 p.m., appellant, a member of the All For Crime (“AFC”) gang, entered the Compton Market & Liquor store on the corner of 42nd Street and Compton Avenue in Los Angeles. Appellant was wearing a red hat and was with his cousin, Roderick Harris (Harris). Ernest Freeman (Freeman) was in the market with his sister, Willicia Moore (Moore). Either appellant or Harris asked Moore if they could buy some food stamps from her. She declined. Appellant bought paper plates, then waited outside the market. The victim, Ruben Uroza, also known as “Smurf,” walked past appellant and Harris outside the market. Appellant asked the victim where he was from, and the victim responded “38.” The victim started to run down the street. Appellant and/or Harris yelled something like “fuck 38” and “AFC.” Appellant chased the victim, pulled out a