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The People v. Poe Blue Siavii

October 26, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
POE BLUE SIAVII, DEFENDANT AND APPELLANT.



(Super. Ct. No. 08F07611)

The opinion of the court was delivered by: Mauro , J.

P. v. Siavii CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

A jury convicted defendant Poe Blue Siavii of first degree murder. The trial court sentenced him to life without the possibility of parole for the murder, plus 25 years to life for discharging a firearm causing great bodily injury.

Defendant now contends the trial court prejudicially erred in (1) failing to sua sponte instruct the jury on the defense of third party culpability; (2) instructing the jury with CALCRIM No. 334 [accomplice testimony must be corroborated] along with unmodified versions of the CALCRIM No. 301 [testimony of one witness can prove any fact] and CALCRIM No. 318 [prior statements as evidence], and referring to witness Stephen Riddick, Jr.'s, pretrial statement to police as "testimony;" and (3) misinstructing prospective jurors on the "beyond a reasonable doubt" standard during jury selection.

We conclude (1) the trial court did not have a sua sponte duty to give a jury instruction regarding third party culpability; (2) even if the trial court erred in giving the CALCRIM No. 334 instruction, any error was harmless, and defendant forfeited his other claims of error; and (3) the trial court's pretrial statements during voir dire did not mislead the jurors and did not substitute for the jury instructions provided by the trial court.

We will affirm the judgment.

BACKGROUND

The evidence at trial indicated that the murder victim, Joshua Kalb, sold methamphetamine to defendant. Defendant also sold methamphetamine and recruited Stephen Riddick, Jr., to work with him. Defendant owed Kalb money.

On the day of the murder, Kalb went to defendant's house to collect the debt. That evening, defendant called Riddick, said he was with Kalb, and asked Riddick to pick defendant up at a Park & Ride.

As Riddick drove into the Park & Ride, he saw Kalb get into the driver's seat of a white car and he saw defendant get in the car behind the driver's seat. As Riddick drove by the car he heard two gunshots. Defendant then left with Riddick. Defendant told Riddick he planned the whole thing. The next day, in response to a news story about Kalb's death, defendant remarked "that's what happens [when] people mess with [me]."

Joshua Kalb's dead body was found in the driver's seat of his white Dodge Stratus. He was shot in the head and neck.

Riddick told police he saw defendant shoot Kalb and gave defendant a ride after the shooting. Working with police, Riddick placed two pretext calls to defendant to talk about what happened. During one of the calls, when Riddick asked defendant "[a]nd you did not tell anybody what you did to Josh?" defendant answered, "[n]o. . . . Nobody knows anything."

Defendant testified at trial. He said that when Kalb visited defendant's house on the day of the murder he was looking for Riddick because Riddick owed Kalb money. Defendant helped set up a meeting between Kalb and Riddick at the Park & Ride and agreed to accompany Kalb to the meeting to make sure that Riddick paid Kalb. According to defendant, Riddick got into the backseat of Kalb's car, told Kalb "I'm not paying you," and shot Kalb twice.

A jury found defendant guilty of first degree murder (Pen. Code, § 187, subd. (a))*fn1 and found true an enhancement allegation that defendant intentionally and personally discharged a firearm causing great bodily injury. (ยง 12022.53, subd. (d)). The trial court sentenced defendant to life without the ...


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