People v. Shabazz

130 P.3d 519, 40 Cal. Rptr. 3d 750, 38 Cal. 4th 55, 2006 Daily Journal DAR 3567, 2006 Cal. Daily Op. Serv. 2547, 2006 Cal. LEXIS 3993
CourtCalifornia Supreme Court
DecidedMarch 27, 2006
DocketS131048
StatusPublished
Cited by101 cases

This text of 130 P.3d 519 (People v. Shabazz) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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People v. Shabazz, 130 P.3d 519, 40 Cal. Rptr. 3d 750, 38 Cal. 4th 55, 2006 Daily Journal DAR 3567, 2006 Cal. Daily Op. Serv. 2547, 2006 Cal. LEXIS 3993 (Cal. 2006).

Opinion

*59 Opinion

GEORGE, C. J.

We granted review in this case to address the following two questions; (1) Does the special circumstance set forth in Penal Code section 190.2, subdivision (a)(22) (hereafter section 190.2(a)(22)), 1 which authorizes imposition of a punishment of death or life imprisonment without the possibility of parole upon an active participant of a criminal street gang who “intentionally killed the victim” to further the activities of the gang, apply to a defendant who discharged a firearm with the intent to kill one person but missed the intended victim and killed another individual? (2) Is a defendant who is sentenced to life imprisonment without the possibility of parole for first degree murder also subject to a sentence enhancement of 25 years to life under section 12022.53, subdivision (d) (hereafter section 12022.53(d)), for personally discharging a firearm and causing death in the commission of the murder, or does section 12022.53, subdivision (j) (hereafter section 12022.53(j)), preclude imposition of that enhancement in view of the lengthier term of incarceration—that is, life imprisonment without the possibility of parole—imposed upon the defendant for the underlying felony?

As we shall explain, we conclude that a finding of the special circumstance set forth in section 190.2(a)(22) may be upheld when a defendant, while an active participant in a criminal street gang and in furtherance of that gang’s activities, has performed an act with an intent to kill that resulted in the killing of any individual. We therefore affirm the part of the Court of Appeal’s judgment that so held.

With regard to the sentence enhancement of 25 years to life embodied in section 12022.53(d), we are of the view that the enhancement may be imposed notwithstanding the circumstance that defendant’s sentence for the underlying felony is life imprisonment without the possibility of parole. To hold otherwise would contravene both the plain language and the legislative intent underlying section 12022.53 as a whole, and would exempt more serious offenders from a punishment imposed upon less serious offenders. We therefore reverse the part of the Court of Appeal’s judgment that held to the contrary, and remand the matter to that court for proceedings consistent with the views expressed in our opinion.

I.

The relevant facts are as follows.

On May 28, 2000, in the early evening, victim Lori Gonzalez, 20 years of age, sat in the driver’s seat of a blue Chevrolet Caprice that was stopped in *60 the drive-through lane at a Popeyes Chicken & Biscuits restaurant, located at La Brea Avenue and Jefferson Street in Los Angeles.

Darrell Miller, who testified under a grant of immunity and in exchange for a reduction of his prison sentence in connection with several other unrelated felonies, was a member of the Geer Street Crips gang. He observed the blue Caprice at the restaurant. He thereafter drove to West Boulevard and Adams Street to sell drugs. Having received a cellular telephone call from an acquaintance indicating that members of the rival Bloods gang had used the blue Caprice in a recent drive-by shooting, Miller passed this information on to several other members of the Crips, including defendant Samuel Sharad Shabazz, a member of the West Boulevard Crips. These individuals then drove to the restaurant.

Defendant donned gloves and a beanie, exited from Miller’s vehicle, walked up to the passenger side of the blue Caprice, and fired repeatedly at Gonzalez’s passenger, Ernest Gray, a member of the rival Black P Stone Bloods gang. Gray ducked when he saw the firearm, and the shots hit and killed Gonzalez. 2

A jury convicted defendant of first degree murder and found true the special circumstance that defendant intentionally killed Gonzalez while he was an active participant in a criminal street gang and that the murder was carried out to further the activities of the gang. (§ 190.2(a)(22).) The jury further found that, in committing the murder, defendant personally and intentionally discharged a firearm, thereby causing Gonzalez’s death within the meaning of section 12022.53(d). The trial court thereafter sentenced defendant to life in prison without the possibility of parole for the murder of Gonzalez, plus 25 years to life in prison for the enhancement based on defendant’s use of a firearm in the commission of the murder. 3

*61 On appeal, defendant contended that the criminal-street-gang special circumstance set forth in section 190.2(a)(22) does not apply to him, because that provision requires that defendant “intentionally killed the victim” and defendant intended to kill Ernest Gray, not the actual victim, Lori Gonzalez. In rejecting defendant’s position, the Court of Appeal held: “[T]he section 190.2(a)(22) special circumstance requires that the defendant (1) possessed the intent to kill, (2) was an active participant in a criminal street gang, and (3) carried out the murder in furtherance of the gang’s activities. There is no requirement that the person who was murdered be the person whom the defendant intended to kill.” The Court of Appeal therefore concluded that the jury’s true finding as to the special circumstance was appropriate as to the murder of Gonzalez.

With regard to the firearm-use enhancement set forth in section 12022.53(d), defendant contended that imposition of the 25-year-to-life enhancement was not authorized by the language of section 12022.53(j). Specifically, defendant asserted that because the sentence—life imprisonment without the possibility of parole—imposed upon him for the underlying felony was a “longer term of imprisonment” than the prescribed 25-year-to-life enhancement, section 12022.53(j) precluded imposition of the enhancement. The Court of Appeal agreed and ordered the enhancement stricken, expressly disagreeing with the decision rendered by the Court of Appeal in People v. Chiu (2003) 113 Cal.App.4th 1260 [7 Cal.Rptr.3d 193] (Chiu), which held that a section 12022.53 enhancement properly may be imposed under such circumstances. (See also People v. Coker (2004) 120 Cal.App.4th 581, 589-590 [15 Cal.Rptr.3d 553] (Coker) [reaching a conclusion consistent with Chiu]; People v. Bracamonte (2003) 106 Cal.App.4th 704 [131 Cal.Rptr.2d 334] [although the Court of Appeal did not discuss section 12022.53(j), it upheld a 25-year-to-life enhancement under section 12022.53(d) in addition to a sentence of life imprisonment without the possibility of parole].)

Defendant and the People each sought review. We granted both petitions and limited the issues to be briefed and argued to the two issues set forth ante. We turn first to the proper interpretation of the special circumstance set forth in section 190.2(a)(22).

n.

As noted, defendant was charged with and convicted of the first degree murder of Lori Gonzalez, and the jury found true the allegation that the offense met the requirements of the gang-murder special circumstance.

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130 P.3d 519, 40 Cal. Rptr. 3d 750, 38 Cal. 4th 55, 2006 Daily Journal DAR 3567, 2006 Cal. Daily Op. Serv. 2547, 2006 Cal. LEXIS 3993, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-shabazz-cal-2006.