P. v. Vaughn CA2/2
Defendant Davaughn Love (Love) drove defendant Antwoine Vaughn (Vaughn) into rival gang territory, where Vaughn got out of the car and starting shooting “wildly” at a man standing on the sidewalk with his family; many of the bullets hit the man as he tried to flee across an intersection, other bullets hit a passing car. A jury convicted Love and Vaughn (collectively, defendants) of attempted premeditated murder and shooting at an occupied vehicle, and convicted Vaughn of being a felon in possession of a firearm. Defendants attack their convictions as being invalid due to errors in jury selection, with the jury instructions, with the admission of evidence, and with the sufficiency of the evidence as well as due to prosecutorial misconduct. Their arguments lack merit. Defendants also attack their sentences and seek a remand so the trial court can exercise its discretion to strike their firearm enhancements. These arguments have merit.
Comments on P. v. Vaughn CA2/2