People v. Brown
210 Cal. App. 4th 1
| Cal. Ct. App. | 2012Background
- Brown was charged by information with six counts of assault with a deadly weapon (BB gun) and alleged gang enhancements.
- Trial involved Brown with codefendants Speight and Mayberry, targeting Calderon and Castro in a neighborhood incident where Brown displayed a BB gun and fired.
- Calderon was hit in the foot and Castro was shot twice; both sustained minor injuries and did not seek hospital care.
- Detective Mendoza testified Brown belonged to the Black P-Stones gang and that the shootings occurred in gang territory and benefited the gang.
- Jury instruction CALCRIM No. 875 defined ‘deadly weapon’ with inherently deadly or dangerous language and a use-that-causes-capable-to-injure theory; Brown was found guilty on two counts and the gang enhancements were found true; other counts were deadlocked.
- Sentencing involved striking the gang enhancement and imposing a four-year term with presentence credits; the judgment was affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| CALCRIM No. 875 ambiguity and theory of liability | Brown argues the instruction allows conviction on an inherently dangerous weapon or use theory. | Brown contends the instruction misstates law by including inherently dangerous as independent ground irrespective of use. | Ambiguity exists; harmless error determined. |
| Sufficiency of evidence BB gun as deadly weapon | People contend evidence shows BB gun could cause great bodily injury. | Brown argues injuries were minor and evidence insufficient to show capability for great bodily injury. | Substantial evidence supports deadly-weapon finding. |
| Harmless error standard for instructional error | Under Green and Guiton, error requires reversal if theory legally inadequate and no valid theory remains. | Jury relied on proper theory; error harmless beyond reasonable doubt. | Error harmless beyond a reasonable doubt given record and instructions as a whole. |
Key Cases Cited
- People v. Aguilar, 16 Cal.4th 1023 (Cal. 1997) (definition of deadly weapon and use-based framework)
- In re David V., 48 Cal.4th 23 (Cal. 2010) (non-inherently deadly objects can be deadly by use)
- People v. Beasley, 105 Cal.App.4th 1078 (Cal. App. 2003) (injury severity and weapon nature considerations for deadly-weapon finding)
- People v. Lochtefeld, 77 Cal.App.4th 533 (Cal. App. 2000) (evidence of weapon's capacity to cause injury supports deadly-weapon finding)
- Graham v. United States, (1969) 71 Cal.2d 303 (Cal. 1969) (historical categorization of dangerous or deadly weapons)
- People v. Green, (1980) 27 Cal.3d 1 (Cal. 1980) (reversal when prosecution argues alternate theories and record unclear which supported verdict)