People v. Adams

1

THE PEOPLE, Plaintiff and Respondent, v. GARRETT ADAMS, Defendant and Appellant.

B316494

California Court of Appeals, Second District, Seventh Division

April 17, 2023

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of Los Angeles County No. MA064049 Lisa Strassner, Temporary Judge.

Law Office of Elizabeth K. Horowitz, Inc. and Elizabeth K Horowitz, under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Noah P. Hill, Supervising Deputy Attorney General, and Stephanie A. Miyoshi, Deputy Attorney General for Plaintiff and Respondent.

SEGAL J.

INTRODUCTION

This appeal, Garrett Adams's second, is from a judgment after a jury convicted him (a second time) of first degree mayhem felony murder. In his prior appeal, Adams argued, among other things, that substantial evidence did not support the jury's finding he specifically intended to commit mayhem and that the trial court's instruction on mayhem felony murder was erroneous. We reversed his murder conviction because, although there was substantial evidence Adams specifically intended to commit mayhem, the trial court did not instruct the jury that the People had to prove Adams had the specific intent to disable or disfigure his victim. (People v. Adams (Aug. 29, 2019, B284753 [nonpub opn.] (Adams I).) The People retried Adams, and the jury again convicted him of first degree mayhem felony murder. The trial court sentenced Adams to a prison term of 26 years to life.

In this appeal Adams argues (1) the trial court erred in giving an instruction on felony murder that was based on the wrong underlying felony, (2) the evidence did not support an instruction on mayhem felony murder, (3) the court erred in failing to give lesser included instructions on second degree murder and voluntary manslaughter, (4) the prosecutor committed misconduct in his closing argument by diluting the reasonable doubt standard, and (5) the cumulative effect of these errors deprived him of a fair trial. Finding no prejudicial or cumulative error, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. A Jury Convicts Adams of Felony Murder

After several drinks one evening in August 2014, Adams and his girlfriend, Bernadette Marquez, began fighting. Adams's brother Cameron Adams (Cameron) and Cameron's friend, Charles Briggs, both of whom had also been drinking, arrived at Adams's house and argued with Adams. The three men wrestled outside and hit each other; when the fighting stopped, Adams went inside the house. A few minutes later, Adams came out of the house with a compound bow^[1] and several razor-tip hunting arrows. After a brief exchange of words between Adams (threatening) and Briggs (taunting), Adams shot Briggs in his torso with an arrow. Briggs stumbled down the street, collapsed, and later died at the hospital. (Adams I, supra, B284753.)

A jury acquitted Adams of first degree premeditated murder, but convicted him of first degree mayhem felony murder (Pen. Code, § 189, subd. (a))^[2] and found true allegations Adams personally used a deadly or dangerous weapon (§ 12022, subd. (b)(1)).

The trial court sentenced Adams to a prison term of 25 years to life on his first degree mayhem felony murder conviction, plus one year for the weapon enhancement. (Adams I, supra, B284753.)

B. Adams Appeals, and We Reverse

Adams appealed, contending that substantial evidence did not support the jury's finding he specifically intended to maim Briggs and that the trial court erred in failing to instruct the jury the People had to prove he had the specific intent to maim. We disagreed with Adams's first contention, but agreed with his second. We explained that, although mayhem as defined in section 203 "is a general intent crime," felony murder based on mayhem, like aggravated mayhem (§ 205), "is a specific intent crime." Thus, we held, the trial court should have instructed the jury that the People had to prove Adams had the specific intent to maim. (Adams I, supra, B284753.)

We observed that the pattern instruction for aggravated mayhem, CALCRIM No. 800, states as one of the elements of that crime the People must prove that, "'when the defendant acted, (he/she) intended to (permanently disable or disfigure the other person/ [or] deprive the other person of a limb, organ, or part of (his/her) body).'" We pointed out that the trial court did not give this or any other instruction requiring the jury to find Adams had "the specific intent to commit the underlying felony." Because we concluded the instructional error was not harmless, we reversed the judgment. (Adams I, supra, B284753.)

C. A Jury Again Convicts Adams of Felony Murder

The People retried Adams. In a second amended information, the People charged Adams with one count of murder (§ 187, subd. (a)) and alleged he personally used a deadly or dangerous weapon, within the meaning of section 12022, subdivision (b)(1). As she had in the first trial, Marquez testified about the events that led to Briggs's death. Marquez stated Adams had been drinking that day and wanted to continue drinking when he got home. Marquez stated that she argued with Adams and that, after a heated exchange, Adams threw a glass candlestick at her, which hit her back before breaking on the floor. She also stated that Adams left the house for three or four hours and that, while he was gone, Cameron called Adams's cell phone. Marquez said she answered it and told Cameron "what had happened." Marquez testified that, when Adams returned to the house, she and Adams continued to argue, that Marquez "became violent" and put Adams in a headlock, and that Adams became "really upset," choked her, and hit her in the face.

Marquez testified that when Cameron arrived at the house he pulled Adams off her and told him to stop. Marquez said she ran outside the house and saw Briggs standing in the front yard. Marquez stated that Briggs, who also appeared to have been drinking, asked Marquez if she was hurt and used light from his cell phone to check her face for injuries. Marquez said that a minute or two later Adams and Cameron came out of the house and that Adams was angry and upset Briggs was there. Marquez stated that all three men yelled at each other and began to wrestle on the ground and that, as Adams and Briggs fought, Cameron tried to separate them.

Meanwhile, Marquez testified, the dogs Adams and Marquez owned were barking at Briggs, and Briggs said, "I'm going to kill those dogs if they bite me." Marquez stated she went to "contain" the dogs, Adams went inside the house, and Briggs and Cameron stayed outside in the front yard, near the sidewalk. Marquez said she heard Briggs say to Cameron, "I didn't sign up for this" and "Man, why did you have me come here?"

Marquez testified Adams came back outside five to 10 minutes later holding his compound bow. Marquez stated she hid between two cars because she was afraid Adams would shoot her with the bow. According to Marquez, Adams aimed the bow, which had an arrow notched on the string, at Briggs (and Cameron, who stood between Adams and Briggs) and said to Briggs, "You need to leave now. You'd better leave, or I'll shoot you." Cameron told his brother, "Put that down. Put it away," and Briggs said, "You're not going to shoot me." Marquez said Briggs backed up slowly into the street, Adams moved toward Briggs, and Cameron said to Adams, "Stop. Please don't. You're going to go to jail." Briggs said to Adams, "What? Are you going to shoot me? Do you think I'm scared to die? Shoot it. Just let it go." Marquez testified Adams adjusted his bow, aimed it at Briggs, pulled back the string, and told Cameron to move out of the way. Marquez said that by this point the three men were several houses down the street, with Briggs walking backward, Adams following him, and Cameron staying between the two men.

A neighbor testified she saw Briggs retreating down the street, trying to "defuse the situation," while Adams, who appeared "very angry," yelled at Briggs as Adams moved toward him with his bow and arrow. Another neighbor testified Cameron said to Adams, "Just calm down. It's not worth it. Just get back inside." The second neighbor recalled that the three men stopped shouting at each other, that it appeared "things had calmed down," and that "all the parties were going to go their separate ways," with Briggs "still walking backward away" from Adams. But then, the neighbor said, Adams raised his bow, which had an arrow ready, pulled back the string, and fired "a straight shot" at Briggs. According to the neighbor, Adams said to Briggs, "I told you, homie. That's what you get," and Cameron said, "What the fuck. Call the cops."

A videotape of the incident showed that, immediately after Adams shot Briggs, Briggs screamed and asked Adams, "Why'd you do that?" Adams responded, "That's what you get, homie!" Briggs cried for help, and Adams said, "I'm about to shoot you with my gun, homie, you better run."

A registered nurse testified he happened to be driving in the neighborhood and saw Briggs approach him and collapse. The nurse stated Briggs had a "penetrating chest wound" and was bleeding profusely. The nurse rendered aid until the police arrived. The nurse, also a recreational hunter, said the arrow, which was sticking out of Briggs's back, had a "broad head" tip used by hunters.

As Briggs lay in the street, Adams ran to his next-door neighbor's house, knocked on the door, and said "Call the cops. I shot the nigger." Adams said he and Marquez "had a home invasion." Marquez testified Adams gave her the bow and told her to "go put this somewhere" and to "stick...