P. v. Condiff
Norman Louis Condiff appeals from the judgment entered following a jury trial that resulted in his conviction of first degree murder (Pen. Code 187, subd. (a); count one)[1]willful, deliberate and premeditated attempted murder ( 187, subd. (a)/664; count 2); conspiracy to commit murder ( 182, subd. (a)(1); count 3); dissuading witness by force or threat ( 136.1, subd. (c)(1); count 4); and conspiracy to dissuade witness by force or threat ( 136.1, subd. (c)(2); count 5); jury special circumstance findings as to count 1 that the murder was committed while lying in wait ( 190.2, subd. (a)(15)) and in furtherance of criminal street gang activities ( 190.2, subd. (a)(22)); jury findings that as to all counts the crimes were committed for the benefit of a criminal street gang ( 186.22, subd. (b)(1)) and that during their commission Condiff personally and intentionally discharged a firearm ( 12022.53, subds. (d)&(e)(1)); and court findings that Condiff had suffered two strikes under the Three Strikes law ( 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) The judgment is modified by striking two of the LWOP penalties from Condiffs sentence on count 1 and the $5,000 parole revocation fine, and, as modified, the judgment is affirmed.
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