P. v. Underwood
Filed 8/18/06 P. v. Underwood CA2/5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FIVE
| THE PEOPLE, Plaintiff and Respondent, v. JAYLIN UNDERWOOD, Defendant and Appellant. | B185966 (Los Angeles County Super. Ct. No. BA253258) |
APPEAL from a judgment of the Superior Court of Los Angeles County, Mark V. Mooney, Judge. Affirmed.
John Steinberg, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Herbert S. Tetef, Juliet H. Swoboda, Deputy Attorneys General, for Plaintiff and Respondent.
Defendant, Jaylin Underwood, appeals from his convictions for two counts of first degree murder (Pen. Code,[1] § 187, subd. (a)), and one count of willful, deliberate and premeditated attempted murder. (§§ 187, subd. (a), 664.) Also, the jurors found that he: committed more than one murder; intentionally killed the victims and attempted to kill another while an active criminal street gang member perpetrated by means of discharging a firearm from an automobile; personally and intentionally used and discharged a firearm which caused great bodily injury and death to the victims; and committed the offenses for the benefit of a criminal street gang. (§§ 186.22, subd. (b)(1), 190.2, subds. (a)(3), (a)(21), and (a)(22), 12022.53, subds. (b), (c), and (d).) Defendant argues the three special circumstance findings must be stricken because the allegations are unconstitutional. In the alternative, defendant argues he was denied the effective assistance of counsel. We affirm the judgment.
We view the evidence in a light most favorable to the judgment. (Jackson v. Virginia (1979) 443 U.S. 307, 319; People v. Elliot (2005) 37 Cal.4th 453, 466; People v. Osband (1996) 13 Cal.4th 622, 690; Taylor v. Stainer (9th Cir. 1994) 31 F.3d 907, 908-909.) On September 10, 2003, Alexander Ligon was standing in front of his home at approximately 7 p.m. Also present were Mr. Ligon's friends, Quinesha Dunford, Demario Moore, and two others. Mr. Ligon saw a late model, four-door brown Nissan pull close to the curb. The car was driving from the direction of Budlong Street toward Normandie Avenue. Mr. Ligon believed the driver was going to park the car. However, when the car got within a few feet, the passenger in the rear seat rolled down the window, yelled out the name of a local gang, and fired six or seven shots. Mr. Ligon saw the face of the individual who fired the gun. Mr. Ligon and Ms. Dunford ran to the right. Mr. Ligon looked back and saw Mr. Moore lying on the ground. When Mr. Ligon and Ms. Dunford were approximately two houses away from his home, she called out his name and fell to the ground. Mr. Ligon picked Ms. Dunford up and carried her to the porch of a nearby abandoned house. Mr. Ligon remained with Ms. Dunford until the police arrived. Mr. Ligon later identified defendant from a photographic lineup. Mr. Ligon also identified the front passenger from a photographic lineup. Mr. Ligon was in custody at a probation camp at the time of trial in this case. Mr. Ligon had been arrested for stealing a car. Mr. Ligon had been a member of a rival street gang at the time the shootings in this case occurred. However, Mr. Moore and Ms. Dunford were not gang members. Defendant's gang was an enemy of the gang to which Mr. Ligon had belonged.
Andre Henry was driving near 54th Street and Normandie Avenue on September 10, 2003, when he heard several gunshots. As Mr. Henry drove toward the next corner, he saw a crowd of young people running in different directions. Mr. Henry saw a medium-sized brown or gray car moving slowly away from the group of people towards Normandie Avenue. Mr. Henry saw two Black individuals in the front seat of the car and another in the back seat. The three individuals appeared to be celebrating, giving one another â€
