P. v. Jelks
Filed 8/6/10 P. v. Jelks CA2/4
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 This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115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,
Plaintiff and Respondent,
v.
TROY LONZELL JELKS et al.,
Defendants and Appellants.
B214655
(Los Angeles County
Super. Ct. No. BA315200)
APPEALS from judgments of the Superior Court of Los Angeles
County, George G. Lomeli, Judge. Affirmed.
Lynda A. Romero, under appointment
by the Court of Appeal, for Defendant and Appellant Troy Lonzell Jelks.
Diana M. Teran, under appointment by
the Court of Appeal, for Defendant and Appellant Anthony Hutchinson.
Edmund G.
Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney
General, Pamela C. Hamanaka, Assistant Attorney General, David F. Glassman,
Steven D. Matthews, and Shawn McGahey Webb, Deputy Attorneys General, for
Plaintiff and Respondent.
Troy Lonzell Jelks was convicted by
a jury of the first degree murder of
Deontye Burks (Pen. Code, § 187, subd. (a)) with findings that he personally
used and intentionally discharged a firearm causing death and that the crime
was committed for the benefit of a criminal
street gang (§§ 12022.53, subds. (b) through (d); 186.22, subd.
(b)(1)(A)). The same jury convicted
Anthony Hutchinson of second degree murder with respect to Deontye Burks and
also found that in the commission of the crime, a principal personally and
intentionally discharged a firearm, that a principal personally used a firearm
in the commission of the murder, and that the offense was committed for the
benefit of a street gang. (§§ 12022.53,
subds. (b) through (c); 186.22, subd. (b)(1)(A).) Jelks and Hutchinson (collectively
appellants) were also charged with the attempted murders of Germaine Richards
and Shakota Doss; the jury acquitted them both of those charges. Jelks was sentenced to 50 years to life in
state prison and Hutchinson was
sentenced to 35 years to life. They each
filed appeals. Jelks contends that there
is insufficient evidence to sustain the finding on the gang enhancement and
that the court erred in ordering him to pay restitution of $7,500 to the Victim
Compensation and Government Claims Board.
Hutchinson contends
that there is insufficient evidence to support the second degree murder
conviction, that the trial court erred in admitting a witness's testimony about
appellants' extrajudicial statements, and that the trial court erred in
refusing to grant him a restitution hearing.
Each appellant also joins in the arguments made by the other. We consolidated the appeals on February 3, 2010. We find each of their contentions to be
without merit and affirm the judgments.
On December 18, 2006, at approximately 10:30 a.m., Germaine Richards was walking home
when he saw his friends, Shakota Doss and Deontye Burks, talking in the gated
parking lot of his apartment building on South Vermont
Avenue in Los Angeles. Richards stopped to talk to them for 20 to 30
minutes. Burks then went to talk to a
male and female who were standing about 10 feet away, outside the gated
area. After they spoke briefly, Burks
returned to talk to Doss and Richards. A
few minutes later a male approached and started firing a weapon. Burks fell to the ground and Richards ran inside
Doss's apartment to call the police.
Neither Richards nor Doss was injured.
When police
arrived, Richards described the shooter as approximately six feet, one or two
inches tall, very skinny, and dark-skinned.
He was wearing a puffy blue Dodgers jacket and a blue beanie and had
facial acne and an overbite or front teeth which â€
| Description | Troy Lonzell Jelks was convicted by a jury of the first degree murder of Deontye Burks (Pen. Code, § 187, subd. (a)) with findings that he personally used and intentionally discharged a firearm causing death and that the crime was committed for the benefit of a criminal street gang (§§ 12022.53, subds. (b) through (d); 186.22, subd. (b)(1)(A)). The same jury convicted Anthony Hutchinson of second degree murder with respect to Deontye Burks and also found that in the commission of the crime, a principal personally and intentionally discharged a firearm, that a principal personally used a firearm in the commission of the murder, and that the offense was committed for the benefit of a street gang. (§§ 12022.53, subds. (b) through (c); 186.22, subd. (b)(1)(A).) Jelks and Hutchinson (collectively appellants) were also charged with the attempted murders of Germaine Richards and Shakota Doss; the jury acquitted them both of those charges. Jelks was sentenced to 50 years to life in state prison and Hutchinson was sentenced to 35 years to life. They each filed appeals. Jelks contends that there is insufficient evidence to sustain the finding on the gang enhancement and that the court erred in ordering him to pay restitution of $7,500 to the Victim Compensation and Government Claims Board. Hutchinson contends that there is insufficient evidence to support the second degree murder conviction, that the trial court erred in admitting a witness's testimony about appellants' extrajudicial statements, and that the trial court erred in refusing to grant him a restitution hearing. Each appellant also joins in the arguments made by the other. We consolidated the appeals on February 3, 2010. Court find each of their contentions to be without merit and affirm the judgments. |
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