People v. Adams CA2/4

Filed 6/26/15 P. v. Adams CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B252187

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA103351) v.

LEO LLOYD ADAMS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Larry P. Fidler, Judge. Affirmed. Stephen Temko, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Lance E. Winters, Assistant Attorney General, Scott A. Taryle and Steven E. Mercer, Deputy Attorneys General, for Plaintiff and Respondent. ______________________________

Leo Lloyd Adams appeals from a judgment entered after his jury conviction of two counts of first degree murder and three counts of attempted murder, as an aider and abettor, with gang and firearm enhancements. He contends the trial court erred in not instructing the jury about voluntary manslaughter, based on imperfect defense of another. He also contends defense counsel was ineffective for not advising him of his right to testify. We disagree and affirm.

FACTUAL AND PROCEDURAL SUMMARY In 2008, the Grape Street Crips gang was at war with the East Coast Crips gang. On September 23, 2008, Debruce Smith, a member of the 89 East Coast Crips, was at the Compton train station with his girlfriend, Jacqueline Spinks, and his best friend, Terry Dozier. Two individuals drove up to Smith and told him that there was a “grapester” behind them and that one of them “got into it with him, but he ain’t nothing.” Richard Roberson was a member of the Grape Street Crips. As he walked past Smith, Smith recognized him as the “grapester” in question. Smith caught up with Roberson and the two appeared to argue. Roberson then walked past Spinks, talking on his cell phone. She overheard him mention the name Beezy or Breezy and say, “I got into it with a coaster.” When Spinks asked Smith what had happened, he, too, answered, “I got into it with him.” Spinks asked Smith to leave, but he refused, stating, “He wanted to call his people, I’m going to call mine.” He nevertheless agreed to “walk away,” and they started walking back. When Smith’s cousin, Tinnar Wilson, joined them, Smith was pacing on the platform. Roberson was standing nearby with two other individuals and was talking on his cell phone. Smith identified Roberson as a member of an enemy gang and told Wilson, “This young cat right here is trippin.” As Smith headed off the platform, Roberson ran after him and made derogatory statements about Smith and his gang. Wilson offered to “fade,” or fistfight, Roberson. Roberson responded, “When my homies get here, there ain’t going to be no fading.” Smith was on parole and did not want to fight, but he again refused to leave the area.