P. v. McGill CA5
Appellant Mario Anthony McGill was charged in count 1 with the premeditated murder of Raul Valera (Pen. Code, §§ 187, subd. (a), 189, subd. (a)), with the special circumstance allegations that the murder was committed by lying in wait (§ 190.2, subd. (a)(15)); by an active gang member (§ 190.2, subd. (a)(22); that he personally used a deadly weapon in the commission of the murder (§ 12022, subd. (b)(1)); and that the murder was committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)). Appellant was also charged in count 2 with active participation in a criminal street gang (§ 186.22, subd. (a)) and, as to each count, it was alleged appellant had served four prior prison terms (§ 667.5, subd. (b)).
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