Appellant, William Satele, Reply Brief - California Courts - State of ...

as the prosecution's first-degree theory-- the fact that the rifle contained a certain
type of bullet at that moment would be irrelevant to the question of whether the
shooting was premeditated. Likewise, the allegation that appellant was a gang
member does not preclude a finding that the shooting was a rash act without
premeditation. Nor does it preclude a fmding that appellant engaged in an
intentional act, the natural consequences of which were dangerous to human life,
with a conscious disregard for human life. Therefore, even if it were true that
appellant was a hard-core gang member, that fact would not negate the possibility
ofsecond degree murder.
Similarly, the preposterous testimony of a paid prosecution witness that
appellant and Nunez subsequently boasted about the killing-- to a total stranger
and member of a rival gang-- does not mean there was not substantial evidence
from which a jury could have convicted appellant ofsecond degree murder. First,
the admissions quoted by respondent do not reflect on mental state. For example,
the statements, "I did that" or ''we AK'd them" are equally consistent with a rash
act, a lack ofintent, an intent to commit an assault, and a premeditated murder. In
fact, the statement that "the guy looked at him wrong so he turned around and
blasted him" may support a spur ofthe moment shooting without premeditation.
Second, they would be just as likely to brag about the crime whether it was
first or second degree murder. Indeed, as noted above, the prosecution's gang
expert testified that gang members may boast about their exploits to gain respect.
Therefore, even if the murder was second degree, a gang member may want to
enhance his status after the fact by bragging about the offense and exaggerating
the facts to enhance his gangster image. As a result, the fact that appellant may
have boasted about being involved in this crime is equally consistent with having
been guilty ofeither first or second degree murder.
In this case, the jury rejected the hate crimes allegation, which may have
provided a greater basis for premeditation and deliberation, as that type of crime
would have required the defendant to consider his motives and act upon them. It
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