P. v. Tolfree
Appellant Davonte Kendre Tolfree was convicted, following a jury trial, of the attempted murders of Al Evans III and Patricia Reyes in violation of Penal Code sections 664 and 187, subdivision (a). The jury found true the allegations that appellant personally discharged a firearm in the commission of the attempted murders within the meaning of section 12022.53, subdivisions (b) through (d). The trial court sentenced appellant to 7 years to life in state prison for the attempted murder conviction of Al Evans III, plus 25 years to life for the firearm enhancement, and sentenced appellant to an identical term to be served concurrently for the conviction of the attempted murder of Patricia Reyes.
Appellant appeals from the judgment of conviction, claiming that the trial court abused its discretion in excluding three felonies from a witness's past for purposes of impeachment. Appellant further argues that the admission of gang evidence was cumulative and highly prejudicial and thus qualified as a reversible abuse of discretion on the part of the trial court. Finally, appellant contends that the jury instructions that permitted the jury to consider gang evidence to decide whether the appellant acted with the required intent was a reversible error and violated appellant's Fourteenth Amendment rights. It is claimed the cumulative effect of these errors violated appellant's Sixth and Fourteenth Amendment rights. We find the trial court did not abuse its discretion in excluding the felonies from the impeachment nor did the court abuse its discretion in allowing the admission of gang evidence. We find that there was error in the jury instructions, but that it was not a reversible error, as the specific intent requirement for attempted murder was satisfied by other facts in the case. In light of these rulings, there was no danger in the cumulative effect. The judgment is affirmed.
Comments on P. v. Tolfree