People v. Mason CA2/3

Filed 9/27/21 P. v. Mason CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B309053

Plaintiff and Respondent, Los Angeles County Super. Ct. No. VA141042 v.

EARL MASON,

Defendant and Appellant.

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

Randall Conner, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent. _________________________

In 2017 a jury convicted defendant and appellant Earl Mason of two counts of attempted voluntary manslaughter, shooting at an occupied motor vehicle, and other crimes. We affirmed Mason’s conviction in part, reversed it in part, and remanded the case for resentencing. (People v. Mason (Aug. 15, 2019, B283892) [nonpub. opn.] (Mason I).) Mason appeals from the judgment after resentencing. BACKGROUND Our opinion in Mason’s previous appeal sets forth the facts. In summary, deputies were parked near a liquor store on the evening of January 18, 2016. A Lincoln Town Car sped by, then stopped in front of the liquor store. Mason burst out of the driver’s side and fired several shots at a white Honda Civic as it drove away. One deputy saw two people—identified only as John Doe and Jane Doe—in the Civic. When Mason turned around and saw the deputies, he ran away, handing the gun to a fellow gang member. Deputies caught him. (Mason I.) Surveillance video showed Mason and another man in gang colors in a confrontation with Jane Doe inside the store. Outside the store, Mason and John Doe began fighting with their fists. Mason got into a car that drove away. John Doe and Jane Doe got into the Civic. Mason then drove up in the Lincoln, the Civic took off, and Mason got out of the Lincoln and started firing at the Civic. Police never found John Doe or Jane Doe. (Mason I.) The People charged Mason with shooting at an occupied motor vehicle (count 1); attempted murder of John Doe and Jane Doe (counts 2 and 3); possession of a firearm by a felon (count 4); and possession of ammunition by a felon (count 5). The People alleged that, in the commission of the attempted murders, Mason personally used a firearm and that he committed all five crimes to benefit a gang. The People also alleged Mason had suffered two prior strikes for robbery.