Skyline vs Lincoln 8

[gautier]

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
MICHAEL ANDREW PARIS, DEFENDANT AND APPELLANT.
IN RE MICHAEL A. PARIS ON HABEAS CORPUS.

APPEAL from a judgment of the Superior Court of San Diego County, Frederick Maguire, Judge, considered with a petition for writ of habeas corpus. Judgment affirmed; petition denied. (Super. Ct. No. SCD160850).
The Wilson Attempted Murder (Count 2) and Related Firearms Charges (Counts 3 and 4)

On July 10, 2005, LaDonte Wilson was standing with his father and brother outside his house on Federal Avenue when he was shot at by Thomas, who was a passenger in Paris's burgundy Cadillac. Earlier that evening, Thomas had left a party with Paris, Lloyd Dawson and fellow Skyline gang member Bernard Clemons, after drinking and smoking marijuana. Paris drove his Cadillac with Thomas behind him in the rear passenger seat and Dawson in the front passenger seat. Both Thomas and Clemons were armed. The men drove around for 20 to 30 minutes, eventually getting close to a neighborhood claimed by "Lincoln Park," an enemy gang. As they drove down Federal Boulevard, they approached a crowd and Paris said, "There is somebody out there... right over here to the left." Thomas pulled out his gun and fired five shots out the back window to "scare" the individuals. Paris, laughing, picked up speed and left. Shortly afterwards, the men were detained by police.

Prior Uncharged Acts of September 12, 2004 and September 13, 2004

At trial, the court gave the jury a limiting instruction*fn2 and permitted the prosecutor to present evidence of two prior uncharged incidents involving Paris occurring in September 2004. Specifically, Wilson testified that on September 12, 2004, he was waiting in a liquor store parking lot for his cousin to get off work when Paris pulled up in his black truck with his head hanging out the window, saying "You 'Lincoln' niggers are slipping" and "Skyline." Paris also said, "I could have shot you, shot you guys." Wilson responded, "I ain't from nowhere and ain't nobody from 'Lincoln' over here, so I ain't slipping," and then walked away, feeling it was unsafe to stay. Wilson understood Paris's comment to mean Wilson was not watching his back like he should be.

The next night, Wilson was in the same parking lot when he heard multiple gunshots and was struck three times, in the right arm, right hip side, and left foot. Though Wilson never saw the assailant, at some point he told investigating detectives that Paris was involved since they had had a confrontation the previous night. According to Wilson, after the incident, Paris drove through his neighborhood multiple times in his truck, a red car and a blue truck, waving gang signs and yelling, "Skyline."