Sour Posted December 21, 2019 Share Posted December 21, 2019 (edited) CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF LOS SANTOS FIRST APPELATE DISTRICT DIVISION FOUR Court of Appeal, Second District, Los Santos THE PEOPLE, Plaintiff and Respondent, v. DESHON BRITT et al., Defendants and Appellants. B218965 Decided: June 06, 2011 Mark D. Lenenberg, under appointment by the Court of Appeal, for Defendant and Appellant Deshon Britt. John P. Dwyer, under appointment by the Court of Appeal, for Defendant and Appellant Milton Jones. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Linda C. Johnson, Joseph P. Lee and Roberta L. Davis, Deputy Attorneys General, for Plaintiff and Respondent. NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS Defendants Deshon Britt and Milton Jones were charged with murder arising out of a shooting near a liquor store in Davis, Los Santos. Trial was by dual juries. One jury found Jones guilty of second degree murder and firearm and gang allegations to be true. The other jury found Britt guilty of first degree murder and firearm and gang allegations to be true. The court sentenced Jones to 40 years to life and Britt to 50 years to life. Defendants, who timely appealed their convictions, raise a variety of alleged errors, including the erroneous admission of a recorded jailhouse telephone call as well as instructional errors. We affirm. FACTUAL BACKGROUND I. Prosecution Case A. The Shooting About 8:20 a.m. on July 31, 2008, Deshuan Flowers, Desiree Avalos, and Avalos's boyfriend Aaron Patterson were walking near Roy Lewenstein Boulevard and Covenant Avenue in Davis, Los Santos. As they passed a liquor store, Britt exited from the store and asked Patterson, “ ‘Where are you from?’ ” As used by gang members, the phrase is a confrontational means of asking another person to what gang he or she belongs. Patterson responded, “ ‘8 Trey Gangster Crip.’ ” Britt responded, “ '99 Covenant Mafia Crip.' ” Patterson and his friends continued walking. Britt went back into the liquor store, then re-exited the store with Jones. Jones called out, “ ‘Hey,’ ” and Avalos turned around to look at defendants. Defendants indicated that they wanted Patterson's attention so Avalos tapped Patterson on the shoulder. Patterson, who was listening to his iPod, took his headphones out of his ears and looked back at defendants. Jones said something to the effect of, “ ‘I don't like you.’ ” Flowers and Avalos stopped while Patterson walked back toward defendants. Defendants also walked toward Patterson. Patterson and Jones exchanged words; the exchange became heated and the words were vicious. Jones stood in an aggressive stance. According to Avalos, either Jones or Britt punched Patterson in the face, then Patterson fought back. According to Flowers, Patterson punched Jones first. Avalos and Flowers agreed that Patterson knocked Jones to the ground. Britt then jumped in, and Patterson also knocked him to the ground. Defendants jumped up and appeared angry. Jones yelled “ ‘Watch out’ ” to Britt and pulled a gun out from his waist area and pointed it at Patterson. Jones pulled the trigger, but the gun jammed. Patterson did not have a weapon. Flowers, Avalos and Patterson froze for a moment, then ran. As they ran, Avalos and Flowers heard a gunshot. Patterson was shot in the back of the head. Defendants ran away. Patterson died as a result of the gunshot to his head. Octavio Tapia Peres (Tapia) worked at the liquor store on the corner of Covenant Ave and Roy Lowenstein Blvd. Just before the shooting, defendants came into the store and bought cigarettes and starch. While Jones was paying for his purchase, Tapia saw Britt ask someone outside, “ ‘Where are you from?’ ” Britt frequented the store, and Tapia had heard him repeatedly ask others, “ ‘Where are you from?’ ” Tapia saw defendants exit the store together and approach Patterson's group on the street; he did not see the shooting. Los Angeles Police Detective Michael Fairchild heard a report of the shooting over the police radio. About one block away from where the shooting occurred, Fairchild saw two young, African–American men running across Century Boulevard; they were not at an intersection or cross-walk. One of the men was wearing clothing resembling the description of the suspect's clothing in the radio broadcast. Fairchild and his partner, who were in an unmarked police car, followed the men. Once the men reached the curb, they slowed down and looked westbound, and then the men began to run again. Fairchild detained the men. Britt was one of the men. Damonte Lockridge was the other man. Tapia was taken to the area where Fairchild had detained Britt and Lockridge. Tapia identified Britt. Video taken by surveillance cameras at the liquor store depicted defendants enter the store, purchase cigarettes and starch, and exit the store. The video also depicted Flowers, Avalos and Patterson as they walked past the store before the shooting, and Flowers near the store after he ran away during the shooting. In the video, Britt was wearing the same clothing he was wearing when he was detained by police. Edited December 23, 2019 by Sour 2 Link to comment
Sour Posted December 21, 2019 Author Share Posted December 21, 2019 (edited) LOS SANTOS TIMES ____________________________ Cash, weapons and armor seized in pre-dawn raid targeting drug trafficking ring LAPD Sgt. Barry Montgomery, left, and Lt. Byron Roberts look over confiscated drugs, guns and cash after narcotics officers raided several locations early Thursday. (Brian van der Brug / Los Santos Times) By Cindy ChangStaff Writer March 2, 2017 8:20 PM First, undercover police officers bought cocaine, heroin and meth from street dealers in the East Side of Los Santos. Then, investigators worked their way up the hierarchy of the 99 E/S Covenant Mafia Crip gathering enough intelligence to prepare search or arrest warrants for alleged mid- to high-level gang leaders. And in the pre-dawn hours Thursday morning, Los Angeles Police Department officers fanned out across Baldwin Village and nearby areas, arresting 15 people and seizing an array of guns, drugs and body armor, as well as more than $12,000 in cash. The operation, called “99 Blue Rush,” began in December after an increase in shootings, robberies and burglaries, and was completed in under three months. Those arrested included 79-year-old Clyde Bailey, nicknamed “Pops,” and three men in their 60s. Edited December 21, 2019 by Sour 1 Link to comment
Sour Posted December 21, 2019 Author Share Posted December 21, 2019 (edited) E/S 99 Mafia Community (Covenant Ave & Roy Lowenstein Blvd) The purpose of this faction is to portray the community and the lives of a poverty stricken neighborhood in the East Side of Los Santos, this faction is divided into 3 parts. E/S 99 Mafia Covenant Crip The Cove DTO Davis Community Aside from the drug trafficking and gang activity, this faction tries it's hardest to portray a real life community, riddled with businesses like barbershops, accounting & tax service spots, music studios, laundry mats & cleaners, candy stores, fish markets and much more. Joining this faction is STRICTLY done IG only, and the best approach to joining this faction would be rping as if you're from the community. Edited December 21, 2019 by Sour Link to comment
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