California v. Douglas
Annotate this CaseDefendant Brady Douglas’s former boyfriend, a male prostitute, told him “Jeffrey B.” had shorted him money following a prearranged sexual encounter. Defendant and codefendant Clifton Sharpe tracked down Jeffrey and demanded money. During a high speed freeway chase, Jeffrey swerved his car into defendant’s vehicle after defendant pointed a gun at him, shooting several times. Jeffrey was able to escape unharmed. A jury convicted defendant of attempted second degree robbery, assault with a semiautomatic firearm, and other related crimes. The jury found true certain firearm enhancements attached to the robbery and assault charges. It acquitted defendant of pimping, and found not true other alleged firearm enhancements. Defendant was sentenced to an aggregate term of six years in state prison. On appeal, defendant contended the court erred in denying his “Wheeler” motion after the prosecutor peremptorily excused two openly gay prospective jurors. He also argued the court erroneously instructed the jury with CALCRIM No. 460, the pattern jury instruction for attempt, which he asserts is unconstitutionally vague and impermissibly creates a mandatory presumption concerning an accused’s intent. The Court of Appeal rejected defendant’s instructional error challenge, but found the court did not properly evaluate defendant’s “Wheeler” motion. Therefore, the case was remanded for further proceedings.
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