(Super. Ct. No. 06F07163)
The opinion of the court was delivered by: Robie , J.
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Defendants Deontae Sultan Stirgus and Tommie Keith Hall participated in a drive-by shooting that killed Donikos Jones. A jury found them guilty of "[s]econd degree drive-by murder" "perpetrated by means of shooting a firearm from a motor vehicle with the intent to inflict great bodily injury." The court sentenced them each to 21 years to life in prison.
They appeal, raising the following three contentions: (1) the court erred in failing to give accomplice instructions; (2) the court erred in instructing the jury it could consider statements made by Stirgus as evidence of Hall's knowledge and intent; and (3) the People presented insufficient evidence of murder. Disagreeing, we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
Around 3:00 p.m. or 4:00 p.m. on December 23, 2005, Stirgus and Hall accompanied Stirgus's girlfriend, Mercedes Franco, to Longshore Court to buy ecstasy pills. They were in a car being driven by Pia Mongford. On the way there, they dropped off Stirgus's car keys at the apartment of Stirgus's brother, Saleem Pittman, so Pittman could use Stirgus's red Honda.
When they arrived at Longshore Court, Stirgus and Hall started arguing with Jeremy Harmon, who was part of a group of four other men who were hanging around Mongford's car. Harmon said something "smart," such as, "'Don't be coming on my court.'" Stirgus and Hall responded, "'No, this is our place. This is our court.'" As Mongford drove off with the three other occupants still in the car, somebody shot at the back of Mongford's car.
Stirgus was "really pissed off" the car had been shot at. "[I]nitially," Hall was trying to calm Stirgus down, but "eventually [Hall] got upset, too." Stirgus called "Chris," one of the men who had been in the group hanging around Mongford's car, and told him, "[Chris's] friends had started . . . hella shit by shooting at [them]," and he was "going to come back for [them]." Stirgus started calling "who[m]ever" he could get ahold of, including his brother Pittman, stating they just got shot at on Longshore Court and he "need[ed] a gun." He also called Pittman repeatedly to ask him to return to the apartment because he needed his red Honda.
Mongford and Franco dropped off Sturgis and Hall at Pittman's apartment. Hall "follow[ed] Stirgus," both of whom "were still mad." Thereafter, Stirgus and Hall left in the red Honda. Nobody else was with the two when they left.
Stirgus drove the red Honda "real slow" through Longshore Court with the windows halfway down. Hall was in the passenger's seat. Somebody was in the backseat. The red Honda made a U-turn, and somebody in the car fired five gunshots in rapid succession. One landed in Jones's chest. At the time, Jones had been in front of his cousin's house. His cousin was a neighbor of Harmon, the man with whom Stirgus and Hall had been arguing earlier that day.
Stirgus and Hall drove back to Pittman's apartment in the red Honda 10 minutes after they had left. Sometime thereafter, Pittman drove the red Honda and left it at a friend's house because the car ran out of gas. His mother cautioned him to stop driving the car because people "th[ought] ...