P. v. Holmes
An amended information, filed on June 27, 2011, charged Reginald Holmes with two counts of murder (Pen. Code, § 187, subd. (a))[1] and one count of being a felon in possession of a firearm (former § 12021, subd. (a)(1)). As to the murder counts, the amended information alleged (1) firearm use enhancements under section 12022.53, subdivisions (b), (c) and (d); (2) the special circumstances of multiple first or second degree murders (§ 190.2, subd. (a)(3)) and lying in wait (§ 190.2, subd. (a)(15)); and (3) a prior conviction for shooting at an inhabited dwelling (§ 246) that qualified as a serious felony under section 667, subdivision (a)(1). As to all three counts, the amended information alleged that Holmes had (1) committed the offenses for the benefit of, at the direction of or in association with a criminal street gang within the meaning of section 186.22, subdivision (b); (2) served four prior prison terms pursuant to section 667.5, subdivision (b); and (3) suffered the prior conviction under section 246, which constituted a strike under the “Three Strikes†law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)).
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