People v. Roberts CA2/6

Filed 5/16/23 P. v. Roberts CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B318327 (Super. Ct. No. BA458075) Plaintiff and Respondent, (Los Angeles County)

v.

RECHARD ROBERTS,

Defendant and Appellant.

Rechard Roberts appeals from the judgment entered after a jury had found him guilty of first degree murder. (Pen. Code, §§ 187, subd. (a); 189, subd. (a).)1 The jury found true allegations that a principal had discharged a firearm causing death (§ 12022.53, subd. (d)) and that the offense had been committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)). The jury found not true an allegation that appellant had personally discharged a firearm. The trial court found true one

1 All statutory references are to the Penal Code.

prior strike within the meaning of California’s “Three Strikes” law. (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) The trial court granted the People’s written motion to dismiss the firearm, gang, and prior strike allegations.2 Appellant was sentenced to prison for 25 years to life. Appellant contends the trial court erred in denying his motion for a new trial. The grounds for the motion were that the evidence was insufficient to support an instruction on aiding and abetting and that the verdict was contrary to the evidence. We affirm. Facts The victim, Robert Huey, was a drug dealer. He sold drugs on Gladys Avenue between 5th and 6th Street in downtown Los Angeles. The area is part of “Skid Row” and is “sort of an open- air market for drugs.” Huey was a member of a criminal street gang – the Rolling 30’s Harlem Crips. Appellant sold drugs in the same area and was a member of a rival gang – the Five- Deuce Hoovers. Appellant’s gang moniker was Scrappy. Huey and appellant got into a fight. Huey “knocked out” appellant. After he regained consciousness, appellant “said that he was going to come back with a strap.” A “strap” is slang for a gun. A few days later, in the morning Huey drove his friend, Tony McKing, down Gladys Avenue to 6th Street. McKing saw a white sedan parked on the street. “[A]s they drove by it, they