P. v. Epps
Defendant Jamal Epps was convicted by jury of the first degree murder of Terry Ellis (count 1) (Pen. Code, § 187, subd. (a)),[1] participation in a criminal street gang (count 2) (§ 186.22, subd. (a)) and the attempted murder of Trenttin Francies (count 3) (§§ 664/187, subd. (a)). The jury found true that the attempted murder was willful, deliberate and premeditated (§ 189), and that the murder and attempted murder were committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)). In addition, the jury found true the attached enhancements for use of a firearm (§ 12022.53, subds. (d)–(e)(1) (counts 1 & 3) and § 12022.5, subd. (a) (count 3)). In a bifurcated proceeding, the trial court found true that defendant suffered a prior serious felony conviction (§ 667, subd. (a)) and a prior conviction within the meaning of the three strikes law (§ 667, subds. (c)–(j)), and served a prior prison term (§ 667.5, subd. (b).)
For the murder of Ellis (count 1), defe
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