People v. Bradley

65 Cal.App.5th 1022

280 Cal.Rptr.3d 477

The PEOPLE, Plaintiff and Respondent,

v.Willie Eugene BRADLEY, IV, et al., Defendants and Appellants.

A159105, A159107

Court of Appeal, First District, Division 1, California.

Filed June 24, 2021

J. Courtney Shevelson, Carmel, under appointment by the Court of Appeal, for Defendant and Appellant Willie Eugene Bradley, IV.

Neil Rosenbaum, San Francisco, under appointment by the Court of Appeal, for Defendant and Appellant Melvin Delarence Mason.

Xavier Becerra and Rob Bonta, Attorneys General, Lance E. Winters, Chief Assistant Attorney General, Jeffrey M. Laurence, Assistant Attorney General, Catherine A. Rivlin and Basil R. Williams, Deputy Attorneys General for Plaintiff and Respondent.

Margulies, Acting P. J. Defendants Willie Eugene Bradley, IV, and Melvin Delarence Mason participated in an attempted robbery, during which one of the robbery victims was shot and killed. A jury convicted defendants of first degree felony murder. On appeal, defendants contend the evidence was insufficient to establish they acted with the "reckless indifference to human life" required for felony murder pursuant to Penal Code section 189, subdivision (e)(3). They further assert the trial court erred by failing to instruct on robbery as a lesser included offense to felony murder. We disagree and affirm the judgment.

I. BACKGROUND

Defendants and at least one other individual, Daniel Glass, attempted to rob L.V. and her cousin, Robby Poblete, while they were waiting in their vehicle to purchase marijuana. During the course of that robbery, Poblete was shot and killed.

Defendants were initially charged by information with murder ( Pen. Code,¹ § 187, subd. (a) ; count 1) and attempted second degree robbery (§§ 664, 211; count 2). Defendant Mason also was charged by information with assault by means likely to produce great bodily injury (§ 245, subd. (a)(4); count 3). The information alleged felony-murder special circumstance allegations ( § 190.2, subd. (a)(17) ) and personal gun use allegations (§§ 12022.5, subd. (a); 12022.53, subd. (b)). While Glass was charged in the initial felony complaint, he reached a plea deal with the prosecution and was not charged in the information.²

During defendants’ initial trial, the California Legislature passed Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Senate Bill 1437), which amended the felony-murder rule and the natural and probable consequences doctrine, as it relates to murder. ( People v. Cooper (2020) 54 Cal.App.5th 106, 113, 268 Cal.Rptr.3d 417, review granted Nov. 10, 2020, S264684.) The bill, in relevant part, amended section 189 to provide that a defendant who was not the actual killer and did not have an intent to kill is not liable for felony murder unless he or she "was a major participant in the underlying felony and acted with reckless indifference to human life, as described in subdivision (d) of Section 190.2." ( § 189, subd. (e)(3).)

In part due to anticipation of Senate Bill 1437, the district attorney filed an amended information recharging defendants with murder, but removing all reference to the attempted robbery. After passage of Senate Bill 1437, defendants moved for mistrial because "the trial related proceedings to date have proceeded on the basis of a ‘felony-murder’ rule that is no longer valid."

The court granted defendants’ motion for mistrial.

Glass testified at trial against defendants. On the day of the shooting, Glass testified, he saw defendants while stopped at a gas station. Glass and defendants were on friendly terms and would "chill" together. Glass asked defendants if they wanted to ride with him, and they agreed. While driving, Glass received a call on his cell phone from Gover. Gover asked Glass if he was interested in robbing someone for money. Glass put his phone on speaker and asked for more details. Gover informed them a man and woman would be in a truck at a Howard Johnson Inn, and they may be able to steal approximately $18,000. Both defendants indicated to Glass they wanted to proceed with the robbery, and Glass drove toward the Howard Johnson Inn. He parked in the Grocery Outlet parking lot, which is adjacent to the Howard Johnson Inn. All three individuals had firearms.

Defendants and Glass did not discuss the robbery until they arrived at the hotel. Upon arriving, Glass testified, defendant Bradley told him to go to the passenger side door, and defendants would go to the driver's side door. As Glass and defendants walked through the hotel, Glass separated from defendants. Glass testified he walked past the truck, lingered by an open conference room door, and then walked to the passenger side of the truck. Glass stated he saw defendants walking toward the truck, and he asked L.V., who was sitting in the passenger seat of the truck, for a lighter. Glass testified he then pulled out his gun and pointed it at L.V.’s chest and face. She screamed, and he told her to be quiet and not look at him.

Glass testified defendants had, by then, approached the driver's side door with their guns drawn. They repeatedly instructed Poblete to raise his hands, but he only raised one hand. Glass observed Poblete moving his right hand around by his lap. Glass then saw Poblete standing outside the truck with the door open and heard subsequent gunshots. After hearing the gunshots, Glass testified he crouched down and ran back to his vehicle. He saw defendants running in front of him. When a man attempted to stop them, defendant Mason shoved the man out of the way, and they continued to Glass's vehicle and left the scene. When Glass asked defendants what had happened, defendant Bradley replied that Poblete "had a gun."

L.V. also testified regarding the attempted robbery. She stated Poblete encouraged her to purchase marijuana from his "really good friend" because the friend could offer a better price than a dispensary. L.V. agreed, and they drove to and parked in the Howard Johnson Inn parking lot facing the swimming pool. After they parked, Poblete removed his gun from the center console of his vehicle and placed it under his thigh. Approximately 20 minutes later, L.V. noticed a group of young men in the parking lot. She believed it was either four or five individuals.³ One of the men approached her side of the vehicle and asked if she had a lighter. She testified that when she responded affirmatively, he called over the other men. L.V. stated the first individual then put a gun to her chest and stated, "Don't fucking move." She testified she looked down and did not move apart from glancing slightly toward Poblete. She also believed another individual approached her side of the vehicle from behind, outside of her line of vision, and pointed a gun at her head.

L.V. testified she saw Poblete attempting to grab his gun. At that same time, at least two men approached the driver's side of the vehicle. Because she did not move after the gun was pointed at her, L.V. was unsure of how the individuals approached the driver's side but believed they went around the back of the truck. She testified those individuals then opened the driver's side door while yelling at Poblete and holding guns. She stated they started dragging Poblete out of the truck, someone yelled "[s]top, stop," and shortly thereafter she heard three gunshots. The men then fled from the scene. She called 911.

Officers responded to L.V.’s 911 call and found Poblete on the ground suffering gunshot wounds. To the left of Poblete's left hand, officers located a small handgun. Police were able to identify Glass and defendants from surveillance video from the hotel. However, no surveillance video captured the actual shooting.

A jury convicted defendants of felony murder and found defendant Mason guilty of assault by means likely to produce great bodily injury. The court sentenced defendants to 25 years to life. It also imposed an additional eight years on defendant Mason for his assault conviction and the great bodily injury enhancement. Defendants timely appealed.

II. DISCUSSION

A. Sufficiency of the Evidence for Felony-murder Conviction

The prosecution did not attempt to prove either defendant was the actual killer. Accordingly, defendants first argue the prosecution was required to show they acted with reckless indifference to human life to support a felony-murder conviction.⁴ They contend insufficient evidence supports such a finding. We disagree.

1. Standard of Review

"In evaluating a claim regarding the sufficiency of the evidence, we review the record ‘in the light most favorable to the judgment below to determine whether it discloses substantial evidence—that is, evidence which is reasonable, credible, and of solid value—such that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt.’ " ( People v. Westerfield (2019) 6 Cal.5th 632, 712, 243 Cal.Rptr.3d 18, 433 P.3d 914.) " ‘To assess the evidence's sufficiency, we review the whole record to determine whether any rational trier of fact could have found the essential elements of the crime ... beyond a reasonable doubt.’ " ( People v. Penunuri (2018) 5 Cal.5th 126, 142, 233 Cal.Rptr.3d 324, 418 P.3d 263.)

" ‘The standard of review is the same in cases in which the prosecution relies mainly on circumstantial evidence.’ [Citations.] ‘We presume in support of the judgment the existence of every fact the trier of fact reasonably could infer from the evidence. [Citation.] If the circumstances reasonably justify the trier of fact's findings, reversal of the judgment is not warranted simply because the circumstances might also be reasonably reconciled with a contrary finding.’ " ( People v. Westerfield , supra , 6 Cal.5th at pp. 712–713, 243 Cal.Rptr.3d 18, 433 P.3d 914.)

2. The Tison-Enmund⁵ Continuum

The law governing liability for felony murder is crafted by both U.S. Supreme Court and California Supreme Court precedent.

This court recently summarized the contours of the relevant law in In re Taylor (2019) ...