P. v. Smith
Defendant shot and killed Gidd Robinson. A grand jury twice declined to indict him for Robinson’s murder, but did indict him on firearm possession charges. Thereafter, the People proceeded against him by way of criminal complaint and preliminary hearing. The trial court found probable cause to hold defendant to answer for Robinson’s murder, and a jury found defendant not guilty of first degree murder but guilty of the lesser offense of second degree murder. (Pen. Code, § 187, subd. (a).)[1] The jury also found true allegations the killing was perpetrated by means of shooting a firearm from a motor vehicle, intentionally at another person outside of the vehicle with the intent to inflict great bodily injury (§ 190, subd. (d)); defendant personally used a firearm in the commission of the murder (§ 12022.5, subd. (a)); and defendant personally and intentionally discharged a firearm and proximately caused great bodily injury to another person in the commission of the murder (§ 12022.53, subd. (d)).[2] Defendant was sentenced to an aggregate term of 45 years to life in state prison, consisting of 20 years to life for Robinson’s murder (§ 190, subd. (d)), plus a consecutive 25 years to life for personally and intentionally discharging a firearm and proximately causing great bodily injury to Robinson in the commission of the murder. Defendant’s sentence for using a firearm was stayed pursuant to section 654.
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