People v. Byrd CA2/5
B328625
| Cal. Ct. App. | Mar 10, 2025Background
- Tryon Darnel Byrd, a member of the Grape Street Crips, was convicted by a jury of two counts of premeditated murder, three counts of attempted premeditated murder, and conspiracy to commit first-degree murder, after a gang-related shooting that resulted in two deaths and three attempted murders.
- The offenses stemmed from a gang conflict with the Bounty Hunter Bloods, and Byrd’s role involved luring rival gang members to a location via a fake Instagram account for an ambush shooting.
- Surveillance, cell phone, and ballistic evidence linked Byrd and co-defendant Brumfield to the crime scene and the weapon used in the murders and previous uncharged shootings.
- Byrd appealed, raising challenges on jury instructions, sufficiency of the evidence, imputed premeditation, and sentencing based on personal premeditation for attempted murder.
- The trial court’s judgment was affirmed by the appellate court.
Issues
| Issue | Byrd's Argument | State's Argument | Held |
|---|---|---|---|
| Conspiracy Instruction Lessened Burden | Instruction presumed Byrd was a coconspirator, lessening proof needed | Argument forfeited, but no error; instruction did not create a mandatory presumption | No error; instruction did not lessen prosecution's burden |
| Sufficiency of Evidence (Murder/Attempted Murder) | Insufficient evidence he was shooter or aided shooting | Substantial circumstantial evidence of aiding, abetting, and possibly direct perpetration | Sufficient evidence for convictions; upholds verdict |
| Imputed Premeditation | Jury may have improperly relied on Brumfield's mental state for premeditation | Jury instructed to consider Byrd’s personal intent; evidence showed Byrd intended to kill all occupants | No error; evidence and instructions proper |
| Attempted Murder: Personal Premeditation Requirement | Life terms improper since jury did not expressly find Byrd personally premeditated | Law allows aider/abettor liability for premeditated attempted murder where principal premeditated | Affirmed; no personal premeditation finding required |
Key Cases Cited
- People v. Francis v. Franklin, 471 U.S. 307 (Instructions creating a permissive inference do not violate due process unless unreasonable based on evidence.)
- People v. Lee, 31 Cal.4th 613 (Direct aider and abettor can be liable for premeditated attempted murder based on principal's premeditation.)
- People v. Ware, 14 Cal.5th 151 (Elements of conspiracy under California law.)
- People v. Russo, 25 Cal.4th 1124 (Jury need not agree on specific overt act for conspiracy conviction.)
- People v. McKinnon, 52 Cal.4th 610 (Jury presumed to understand and follow instructions.)
- People v. Canizales, 7 Cal.5th 591 (Kill zone theory for attempted murder intent.)