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A jury convicted defendant Tyrone Foster of one count of first degree premeditated murder, and five counts of premeditated attempted murder. The jury found true allegations that the crimes were gang related and that Foster personally discharged a firearm. The trial court sentenced Foster to a total term of 90 years to life in state prison.
On appeal, Foster raises five issues, contending that: (1) the trial court erred in admitting statements Foster made to an undercover agent while in jail; (2) there was insufficient evidence to support his conviction for five counts of attempted murder; (3) the standard jury instructions failed to adequately describe the requisite intent element for attempted murder; (4) there was insufficient evidence the shooting was gang related; and (5) the admission of a reference to an uncharged burglary was erroneous and prejudicial. Foster further contends the trial court errors accumulated so as to deprive him of his right to a fair trial.
In the published portion of this opinion, we hold that the evidence was sufficient to support all five counts of attempted murder. In the unpublished portion of the opinion, we conclude the evidence was sufficient to support the gang enhancement allegations. We further conclude the jury instructions were adequate as given and that the trial court committed no evidentiary error.
On the afternoon of March 25, 2016, Robert Ellis went to his usual barbershop located at “the Hut,” which was in a strip mall at the corner of South Vermont Avenue and 55th Street. The Hut is a known hangout for the Five Deuce Hoovers and Five One Trouble gangs, and members in both gangs were customers of the barber shop. There had been numerous shootings over many years at the location of the shooting. Ellis, however, was not in the gangs, nor was he wearing anything to suggest he was a gang member.
Officer Robert Smith testified as a gang expert. He had extensive experience with the Rollin’ 40’s gang, and had had numerous encounters with Foster. He had known Foster to be a gang member since at least 2013. The Rollin’ 40’s mostly had African American members, but also had a small number of Latino members. It was not a rival of any Latino gang, and lived in “relative harmony” with a neighboring Latino gang.
The People, Plaintiff and Respondent, v. Tyrone Foster, Defendant and Appellant. The Court of Appeal of The State of California, Second Appellate District, Division One. Appeal from a judgment of the Superior Court of Los Angeles County. Los Angeles County Super. Ct. No. BA446457.
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