People v. Landers

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THE PEOPLE, Plaintiff and Respondent, v. VICTOR LANDERS, Defendant and Appellant.

B325465

California Court of Appeals, Second District, Seventh Division

October 18, 2024

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of Los Angeles County No. BA476996-01 James R. Dabney, Judge. Affirmed in part and remanded with directions.

Kelly C. Martin, 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, Assistant Attorney General, Kenneth C. Byrne and Susan S. Kim, Deputy Attorneys General, for Plaintiff and Respondent.

STONE J.

Victor Landers appeals from his judgment of conviction after a jury found him guilty of murder, possession of a firearm by a felon, unlawful possession of ammunition because of a prior conviction, carrying an unregistered loaded handgun in a vehicle, and pimping. The jury also found true several firearm enhancements.

On appeal, Landers raises numerous claims: (1) his conviction for pimping was not supported by substantial evidence; (2) the trial court erred in failing to set aside the pimping charge under Penal Code^[1] section 995; (3) the trial court erred in refusing to sever the pimping charge from the murder charge; (4) a prosecution expert impermissibly opined on Landers's guilt; (5) the trial court erroneously admitted prior consistent statements; (6) the trial court erroneously admitted impermissible character evidence; (7) the prosecutor committed prejudicial misconduct; (8) the cumulative effect of the combined errors violated Landers's rights; (9) the trial court erred in refusing to dismiss Landers's prior strike convictions and firearm enhancement; and (10) the abstract of judgment should be corrected to reflect a $300 restitution fine and $300 stayed parole revocation restitution fine. We agree the abstract of judgment should be corrected. Otherwise, we discern no error and affirm the judgment.

PROCEDURAL AND FACTUAL BACKGROUND

I. The Information and Pretrial Motions

The People charged Landers by an amended information with five counts: murder (§ 187, subd. (a) (count 1)); possession of a firearm by a felon (§ 29800, subd. (a)(1) (count 3)); unlawful possession of ammunition because of a prior conviction (§ 30305, subd. (a)(1) (count 4)); carrying an unregistered loaded handgun in a vehicle (§ 25850 subd. (c)(6) (count 5)); and pimping (§ 266h, subd. (a) (count 7)).

As to count 1 (murder), the People alleged Landers personally used a firearm (§§ 12022.5, subd. (a), 12022.53, subd (b)), personally and intentionally discharged a firearm (§ 12022.53, subd. (c)), and personally and intentionally discharged a firearm that caused great bodily injury or death (§ 12022.53, subd. (d)). The People also alleged, as to count 1, that Landers had prior serious felony convictions (§ 667, subd. (a)(1)) and had served a prior prison term (§ 667.5, subd. (b)). As to all the counts, the People further alleged Landers had two prior serious and/or violent felonies under the "Three Strikes law" (§§ 667, subds. (a)(1), (b)-(j); 1170.12). The People also alleged several circumstances in aggravation under California Rules of Court, rule 4.421(a)(1).

Landers moved to sever count 7 from the rest of the counts, but the trial court denied the motion.

II. Prosecution Evidence at Trial

On March 27, 2019, around 4:00 p.m., Tocana Toca, Landers's ex-girlfriend, was shot and killed in an alley behind an accounting office. The accounting office belonged to her child's grandfather, Ted McDaniel. Toca occasionally went to McDaniel's office and helped with the work.

For several months leading up to the shooting, Landers and Reshay Williams were in a romantic relationship. They lived together and spent all their time together. Williams met Toca at a party and would see Toca around at social gatherings. When Williams and Toca ran into each other, Toca would give Williams dirty looks. Shortly before the shooting, Toca slashed Williams's car tire.

A. The Shooting

Several witnesses at trial testified about the shooting.

(1) Ted McDaniel

On the day of the shooting, McDaniel saw Toca at his office between 10:00 a.m. and 12:00 p.m. The office was on Martin Luther King Boulevard between 3rd Avenue and 4th Avenue. At the office, Toca started putting on lipstick and grooming herself. McDaniel knew that she was about to meet someone.

An hour later, McDaniel heard "maybe" five gunshots coming from the alley behind his office. After hearing his secretary say Toca "went in the back to smoke a cigarette," McDaniel rushed outside to the back alley. When McDaniel arrived, Toca was on the ground with paramedics.

(2) Reshay Williams

On the day of the shooting, Williams drove a gray Hyundai to McDaniel's office where she knew Toca might be. Williams planned to fight Toca for slashing Williams's car tire. Williams brought along her friend Kneca Robinson, who sat in the passenger seat. Once Williams arrived near McDaniel's office, she parked her car and waited to see Toca.

While Williams was waiting in her car, Landers texted her, asking where she was. After learning that Williams was near McDaniel's office, Landers asked Williams to pick him up. Williams declined.

Landers then sent Williams several text messages. He texted," 'I wanna get this citch back because now I feel like she trying to set me up on the low.'" Williams believed Landers was referring to Toca "trying to get him." The word" 'citch'" meant "bitch." He also texted," 'I'm on my way over there, and you better be ready to get me up out of there after I dead this citch.'" To" 'dead'" meant to kill. After Williams told Landers how angry she was over Toca slashing her tire, Landers texted," 'You mean citch the anger you feelen behind that shit aint nothing compared to how the fuck I'm feeling.'" Williams believed Landers was referring to his anger about Toca slashing Williams's tire. Landers further texted," 'If you think I'm fittna let anybody get away wit disrespecting me you better think again.' "

After receiving Landers's text messages, Williams drove to the alley near McDaniel's office between 3:45 and 4:00 p.m. She saw Toca in the alley having a "heated" conversation with Landers. Both Toca and Landers looked frustrated and mad. Then Landers fired shots at Toca.

Williams drove around the corner and stopped her car. At that point, Landers got into her back passenger seat, and Williams drove off. Williams dropped off Robinson, picked up another friend, and drove to the hotel where she and Landers were staying.

(3) Kneca Robinson

Robinson testified that, on the day of the shooting, Williams picked up Robinson in a gray Hyundai. Williams told Robinson that she was planning to fight Landers's ex-girlfriend. Williams believed the ex-girlfriend had slashed her car tire.

Williams drove them to Martin Luther King Boulevard between 2nd Avenue and 3rd Avenue, where Williams believed the ex-girlfriend worked. As they waited to see the ex-girlfriend, Williams received several phone calls. During a call, a man asked," 'Why you there without me?'" Williams laughed, and said she had "it on her own." Then Williams asked," 'Why you coming?' "

After the calls, Williams drove and parked her car by an alley near Martin Luther King Boulevard and 3rd Avenue. Minutes later, Robinson heard six gunshots coming from the alley. Robinson tightly grabbed Williams, who appeared "super calm." When the gunshots stopped, Robinson saw an African-American man, carrying a backpack and wearing a dark blue shirt and dark blue pants. Williams drove off.

Robinson asked Williams if Williams was going to drop Robinson off, but Williams replied," 'No. I'm going to pick up my nigga - Victor.'" At some point, Landers got into the car. He was carrying a backpack and dressed in the same-colored clothing as the man she had seen in the alley. Landers was mad and asked Williams," 'Where in the fuck you at?'" Landers also said," 'Fuck that bitch,'" and Williams laughed.

Williams then drove to a house where she picked up Landers's male and female cousins. Later, Williams dropped off Robinson.

(4) Other Witnesses

On the day of the shooting, several other witnesses were near the alley on Martin Luther King Boulevard between 3rd Avenue and 4th Avenue. Between 3:45 and 4:00 p.m., they heard four to six gunshots. Afterwards, they all saw an African-American man walking away from the alley.

B. Landers's Unrelated Arrest on Weapons and Pimping Charges

A week after the shooting, on April 2, 2019, Officers Michael Lynch and Christopher Ineguez of the Manhattan Beach Police Department pulled over a gray Hyundai in Manhattan Beach. Williams was driving, and Landers was in the passenger seat. A records check of Williams revealed she had active warrants for soliciting prostitution. Williams admitted she was a prostitute.

During a search of the Hyundai, the officers found a loaded, unregistered gun under the front passenger's seat, where Landers had been sitting. In the glove box, the officers found ammunition, an ATM card with Landers's name on it, and a cell phone. Landers admitted the phone was his. The cell phone kept receiving messages from "Plenty of Fish," a dating website. The officers also found a box of condoms, women's clothing, and lingerie.

Before the officers searched the Hyundai, they put Landers and Williams in a patrol car. A video camera inside the car recorded the conversation between Landers and Williams. At trial, the prosecutor played part of the video for the jury. In the video, Landers looked outside the patrol car and said "They found the billy." "Billy" is slang for a gun. Landers told Williams, "Just keep - just keep...