People v. Powell CA2/4

Filed 5/21/15 P. v. Powell CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B259879

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA086690) v.

JONATHAN AJ DERAN POWELL,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Eric C. Taylor, Judge. Affirmed. Linn Davis, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Respondent.

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INTRODUCTION Jonathan AJ Deran Powell appeals from a judgment and sentence following his conviction on two counts of attempted willful, deliberate and premeditated 1 murder. He contends that a juror was biased; that he was denied his Miranda rights; that the testimony of one of his victims was contradictory and not credible; and that the prosecutor committed misconduct during closing. Finding no reversible error, we affirm. FACTUAL BACKGROUND AND PROCEDURAL HISTORY On October 10, 2012, at around 7:00 p.m., Darahl N. and Benisha J., both juveniles at the time, were shot by appellant. Darahl, an African-American male, was a member of the predominantly Hispanic gang, the South Los. A fellow gang member -- Darahl’s “homie” -- was Benisha’s boyfriend. At around 6:00 p.m., Darahl was “tagging” -- spray-painting -- the street in front of Benisha’s house when he was approached by five people, including appellant. Appellant was a member of a rival gang, the Hoover Criminals. Appellant asked Darahl which gang he belonged to, and Darahl replied “I’m from South Los.” An argument broke out, and the parties began insulting each other’s gang. Someone then said, “This nigga from Waflo is going to die tonight.” “Waflo” is a derogatory term used to refer to the South Los gang. Darahl went around the corner to his house to get his backpack. When he came back to the scene, appellant and the other individuals had left. An hour later, appellant came back alone. He asked Benisha, who was standing on the porch of her house, whether she was in a gang. When she said no, he left. Minutes later, appellant returned. From the house next door, appellant fired a handgun multiple times toward Benisha’s house. Darahl was hit in the lung, and Benisha was struck in her chest area. The police were called, and both 1 Miranda v. Arizona (1966) 384 U.S. 436 (Miranda). 2