People v. Murphy CA3

Filed 1/17/24 P. v. Murphy CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE,

Plaintiff and Respondent, C098048

v. (Super. Ct. No. 17FE016652)

LADARIUS DAVON MURPHY,

Defendant and Appellant.

A jury convicted defendant Ladarius Davon Murphy of attempted murder and unlawfully discharging a firearm from a motor vehicle. The jury found that in committing the crimes, defendant intentionally and personally fired a gun causing great bodily injury. The trial court sentenced defendant to a determinate prison term of seven years plus an indeterminate term of 25 years to life.

1

Defendant now contends that in connection with the attempted murder count, the trial court had a sua sponte duty to instruct on the lesser included offense of assault with a firearm.1 Finding no merit in the contention, we will affirm the judgment. BACKGROUND Defendant’s first jury trial resulted in a mistrial. In the second trial, the People presented evidence that Calvin Barron drove defendant and G.G. to G.G.’s school to engage with rival gang members. When they saw rival gang members, defendant fired multiple shots at them from the moving vehicle. Z.C. was shot in the arm and stomach. Defendant later posted on social media about the shooting. Defendant’s defense was that he was not the shooter and was not involved in the attempted murder. Given defendant’s theory of the case, the trial court declined to instruct on attempted voluntary manslaughter, and no other lesser included instruction was requested. The jury convicted defendant of attempted murder (Pen. Code, §§ 187, subd. (a), 664)2 and unlawfully discharging a firearm from a motor vehicle (§ 26100, subd. (c)). The jury found that in committing the crimes, defendant intentionally and personally fired a gun causing great bodily injury. (§ 12022.53, subd. (d).) The trial court sentenced defendant to an aggregate prison term of seven years plus 25 years to life. DISCUSSION Defendant contends that in connection with the attempted murder count, the trial court had a sua sponte duty to instruct on the lesser included offense of assault with a