People v. Coleman
98 Cal.App.5th 709
Cal. Ct. App.2024Background
- Demetrius Coleman was convicted of first-degree murder with special circumstances (shooting from a vehicle) and firearm enhancement, after a trial involving a killing during the course of illegal marijuana dealings.
- Coleman, a Black man, testified in his own defense, alleging that his counsel advised him to “use Ebonics, slang, and sound ghetto” when testifying.
- A Marsden motion claiming ineffective assistance based partly on this alleged advice was denied, with the trial court finding counsel advised him to “be yourself.”
- Subsequent counsel did not raise racial bias or Racial Justice Act (RJA) violations in a motion for new trial; claims were later raised on direct appeal following legislative amendments to the RJA.
- The trial court also imposed sentencing enhancements and a parole revocation restitution fine, although Coleman was sentenced to life without parole.
Issues
| Issue | Plaintiff’s Argument | Defendant’s Argument | Held |
|---|---|---|---|
| RJA Violation—Counsel Implicit Bias | Advice to testify authentically not racial bias; record shows no animus | Trial counsel’s advice to “use slang/sound ghetto” was implicitly racially biased | No RJA violation; advice to “be yourself” not racial bias |
| RJA Claim Raised on Appeal (Procedural) | Claim forfeited; not raised at trial | Amendments to RJA permit raising claim for first time on appeal | Court exercised discretion, reached merits |
| Sentencing Enhancements under § 1385 | Forfeited; defendant never asked judge to strike enhancements | Multiple enhancements/alleged errors; court should have dismissed enhancements | Argument forfeited; court presumed aware of discretion |
| Parole Revocation Restitution Fine | Fine improper for life without parole sentence | Agrees fine is improper | Fine stricken; judgment modified accordingly |
Key Cases Cited
- People v. Gutierrez, 28 Cal.4th 1083 (Cal. 2002) (witness’s credibility at issue when testifying in own defense)
- People v. Carmony, 33 Cal.4th 367 (Cal. 2004) (defendant must move to strike enhancements to preserve issue)
- People v. Stowell, 31 Cal.4th 1107 (Cal. 2003) (court presumed aware of the law)
- People v. Jenkins, 140 Cal.App.4th 805 (Cal. Ct. App. 2006) (parole revocation fine improper without parole period)