P. v. Darby CA4/1
A jury convicted Michion Darby of first degree murder (count 1; Pen. Code, § 187, subd. (a)), robbery, attempted robber, shooting at an occupied vehicle (count 4; § 246), felon in possession of a firearm (count 5; § 29800, subd. (a)(1)), and street terrorism. The jury found true various gang, great bodily injury, and firearm allegations related to counts one through five within the meaning of sections 186.22, subdivision (b); 12022.5, subdivision (a); and 12022.53, subdivisions (b)-(e)(1). The court sentenced Darby to an indeterminate term of 50 years to life plus a determinate term of seven years. On appeal, Darby raises various arguments challenging his conviction and sentence. We conclude that Darby's conviction for attempted robbery (count 3) must be stricken and that there is insufficient evidence to support Darby's conviction for street terrorism (count 7).
Comments on P. v. Darby CA4/1