P. v.Fort CA4/2
Defendant and appellant, Lee Arthur Fort, and a codefendant, Andrew Stewart, were charged in the same information and tried together before separate juries for the first degree murder of Ronnie Simon and the first degree provocative act murder of Earlwin Donte Johnson. (Pen. Code, § 187, subd. (a); counts 1 & 2.) Defendant and Stewart were also charged with the first degree burglary of Simon’s house. (§ 459, subd. (a), count 3.) It was further alleged that defendant personally used a firearm in each count (§§ 12022.53, subd. (b) (counts 1 & 2), 12022.5, subd. (a) (count 3)), and that Stewart personally and intentionally discharged a firearm causing great bodily injury or death to Simon (§ 12022.53, subd. (d); count 1), and personally used a firearm (§ 12022.5, subd.(a); count 3).
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