P. v. Peavy CA4/1
A jury convicted Emanual James Peavy of first degree murder (Pen Code, 187, subd. (a); count 1) and attempted murder (§§ 664, 187, subd. (a); count 2). As to count 1, it found true allegations Peavy intentionally and personally discharged a firearm causing great bodily injury and death (§ 12022.53, subd. (d)); he was a principal, and in the commission of the offense at least one principal personally used a firearm, proximately causing great bodily injury and death to a person (§ 12022.53, subds. (d), (e)(1)); and he committed the crime for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)). As to count 2, it found true allegations Peavy intentionally and personally discharged a semi-automatic handgun (§ 12022.53, subd. (c)), and he committed the crime for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)). The court sentenced Peavy to 39 years plus 50 years to life.
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