Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
Date: 12-06-2024
Case Style:
State of California v. Kenton Michael McDaniel
Case Number: BF173073C
Judge: Judith K. Dulcich
Court: Superior Court, Kern County, California
Plaintiff's Attorney: Kern County, California District Attorney's Office
Defendant's Attorney:
Description:
Bakersfield, California criminal defense lawyer represented by Defendant charged with second-degree murder.
In 2022, a jury convicted appellant Kenton Michael McDaniel of second degree murder for the 2017 death of Hardeep Singh (Pen. Code, § 187;[1] count 1). The jury also convicted McDaniel of active participation in a criminal street gang (§ 186.22, subd. (a); count 6).[2]
The jury found not true that McDaniel personally discharged a firearm during Singh's murder. However, the jury found true that McDaniel was a principal in the murder, and at least one principal intentionally and personally discharged a firearm (§ 12022.53, subds. (d), (e)(1)). For the murder, the jury found true a gang enhancement (§ 186.22, subd. (b)(1)). In count 6 (active gang participation), the jury found not true that McDaniel used a firearm (§ 12022.5, subd. (a)).
For the murder, McDaniel was sentenced to prison for 15 years to life, which was enhanced by 25 years to life for the firearm. The trial court imposed an upper term in count 6, which was stayed.
CRIMINAL LAW. ACCOMPLICE TESTIMONY CORROBORATION. The case examines whether corroboration of an accomplice's testimony was sufficiently established in a second-degree murder conviction, where the witness's testimony was under scrutiny for credibility due to her plea agreement and past conduct.
CRIMINAL LAW. GANG AND FIREARM ENHANCEMENTS. The court addresses the insufficiency of evidence for gang and firearm enhancements related to second-degree murder, which necessitated their reversal due to a lack of substantial proof that the crime provided a gang benefit beyond reputation.
EVIDENCE. CELL PHONE AND DNA LINKS. The judgment considers the circumstantial evidence, including cell phone data and DNA, to determine if it sufficiently corroborated the accomplice's testimony and connected the defendant to the murder independently.
Key Phrases Second degree murder. Criminal street gang. Accomplice testimony. Gang enhancement. Firearm enhancement.
Outcome: The true finding in count 1 regarding the gang enhancement (§ 186.22, subd. (b)(1)) is reversed. The true finding in count 1 regarding the firearm enhancement (§ 12022.53, subds. (d), (e)(1)) is reversed. Retrial is barred for these enhancements. McDaniel's sentence is vacated, and this matter is remanded for resentencing. In all other respects, the judgment is affirmed.
Plaintiff's Experts:
Defendant's Experts:
Comments: