People v. Murray

(Modified upon denial of rehearing.) Defendant was convicted, after jury trial, of 1st degree murder and unlawful possession of a firearm by a street gang member. Evidence shows that Defendant was legally accountable for shooter's act, whether or not Defendant handed the shooter a gun. Introduction of prior inconsistent statement did not prejudice Defendant. Counsel's failure to object to prior inconsistent statement fell below objective standard of reasonableness, but totality of evidence so overwhelmingly proved Defendant's guilt that Defendant cannot show how counsel's deficient performance prejudiced him. Jury could have reasonably inferred from officer's testimony that Latin Kings (of which Defendant admitted he was a member) historically and currently commit felonies. Aggregate term of 60 years was not an abuse of discretion; Defendant was the only one who was initially armed and he was the prime aggressor. (JORGENSEN and BIRKETT, concurring.)