P. v. Kincy CA2/1
On September 24, 2008, a jury convicted Dunifu Ali Kincy (Kincy) of two counts of assault with a semiautomatic firearm (Pen. Code, § 245, subd. (b); counts 1, 5) as well as one count of shooting a firearm with gross negligence (§ 246.3, subd. (a); count 2), one count of being a felon in possession of a firearm (§ 12021, subd. (a); count 4) and one count of carrying a loaded firearm while an active participant in a street gang (§ 12031, subd. (a); count 6).
The jury also decided that each of these crimes was committed for the benefit of, at the direction of, or in association with a criminal street gang, with the specific intent to promote, further, or assist in criminal conduct by gang members (§ 186.22, subd. (b)(1)(C).) With respect to count 1, the jury determined that a principal was armed with a firearm in the commission of an assault (§ 12022, subd. (a)(1).)
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