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People v. Mayfield1/2/1997
Amends.) and requires reversal of the judgment as to both guilt and penalty. We have rejected nearly all of defendant's assignments of error. When we have found error, we have concluded that defendant was not prejudiced. The errors that occurred at defendant's trial, whether considered singly or collectively, were inconsequential. Defendant was not denied his due process right to a fair trial.
V. SPECIAL CIRCUMSTANCE
As a special circumstance to the offense of first degree murder, the jury found that Sergeant Wolfley was a peace officer, that he was engaged in performing his duties when defendant intentionally killed him, and that defendant knew, or reasonably should have known, that Sergeant Wolfley was a peace officer engaged in performing his duties (§ 190.2, subd. (a)(7)). Defendant contends that the special circumstance finding must be set aside because there was insufficient evidence to prove, and the jury was erroneously instructed concerning, the engaged-in-duty element.
A. Sufficiency of the Evidence
To determine the sufficiency of the evidence to support a special circumstance finding, we apply the same test used to determine the sufficiency of the evidence to support a conviction of a criminal offense. We "review the whole record in the light most favorable to the judgment below to determine whether it discloses substantial evidence--that is, evidence which is reasonable, credible, and of solid value--such that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt." ( People v. Johnson, (supra) , 26 Cal. 3d 557, 578; see also Jackson v. Virginia, (supra) , 443 U.S. 307, 317-320 [61 L. Ed. 2d 560, 572-574].)
As used in the peace-officer-murder special circumstance, the phrase "engaged in the course of the performance of his or her duties" means that the officer must have been acting lawfully at the time. ( People v. Gonzalez (1990) 51 Cal. 3d 1179, 1217 [275 Cal. Rptr. 729, 800 P.2d 1159].)
The record contains substantial evidence that Sergeant Wolfley was acting lawfully when he was killed. According to the testimony of Candette Wolfley, a credible witness, Sergeant Wolfley was dispatched to a service station to investigate an unspecified problem. Upon arriving, he was met by Tyrone Thomas, who said that "they" were "after" him and "going to kill" him. Thomas pointed to defendant and Howard Bell. He said "the guy in the coat" (that is, defendant) had a pistol. After speaking briefly to Bell, Sergeant Wolfley addressed defendant, saying "Stop, come here, I want to talk to you." Defendant continued to walk away from Sergeant Wolfley, quickening his pace. Sergeant Wolfley said "Stop, I want to talk to you." Sergeant Wolfley then drew his gun and commanded defendant to "freeze." Candette Wolfley could not see what happened next, but other evidence in the record, including defendant's own admissions, establishes that Sergeant Wolfley then approached defendant, who grabbed the gun away from Sergeant Wolfley and used it to kill him.
For the sake of Discussion, we assume that when Sergeant Wolfley said "Stop, come here, I want to talk to you," Sergeant Wolfley was detaining or attempting to detain defendant rather than merely attempting to initiate a consensual encounter. (See People v. King (1977) 72 Cal. App. 3d 346, 349-350 [139 Cal. Rptr. 926].) A detention is lawful "when the detaining officer can point to specific articulable facts that, considered in light of the totality of the circumstances, provide some objective manifestation that the person detained may be involved in criminal activity." ( People v. Souza (1994) 9 Cal. 4th 224, 231 [36 Cal. Rptr. 2d 569, 885 P.2d 982].) Here, Thoma
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