Opinion
No. 104046.
June 21, 1996
Leave to Appeal Denied June 21, 1996:
Court of Appeals No. 163129.
I would appoint a lawyer, if defendant Jones is found to be indigent, to file a supplemental brief in support of his application for leave to appeal.
Jones was convicted by a jury of first-degree murder for aiding and abetting a drive-by shooting. The people's theory was that one McKinney was the shooter. McKinney's separate jury found him guilty of second-degree murder. Two other participants in the drive-by shooting were tried by jury. One Mims was convicted of voluntary manslaughter by his jury, and one Ashford's jury found him guilty of carrying a firearm with unlawful intent and possession of a firearm during the commission of a felony.
Thus, two of the four juries found no intent to kill, and no premeditation and deliberation. The jury that convicted the apparent shooter, McKinney, found intent to kill, but not premeditation and deliberation.
Full review of the records in these cases, aided by an advocate for Jones, is warranted.
CAVANAGH, J. I concur in the statement of Justice LEVIN.
Reconsideration denied August 30, 1996.
LEVIN, J. I would grant reconsideration, and would appoint a lawyer for the reasons set forth in my earlier statement.
CAVANAGH, J. I would grant reconsideration.