P. v. Saway CA4/3
A jury convicted John Saway of first degree murder (Pen. Code, § 187, subd. (a); all further statutory references are to the Penal Code), possession of a firearm by an ex-felon (§ 12021, subd. (a)(1)), and active participation in a criminal street gang (§ 186.22, subd. (a)).
The jury found true an allegation the murder was committed with the intent to further the activities a criminal street gang (§ 190.2, subd. (a)(22)), and allegations Saway committed the murder and illegally possessed the firearm for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)) and discharged a firearm causing death with the intent to promote, further or assist criminal conduct by members of a criminal street gang (§ 12022.53, subds. (d), (e)(1)). The court found true an allegation Saway had a prior serious felony conviction within the meaning of section 667, subdivision (a).
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