P. v. Jelks
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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