P. v. Wolfington CA3
A jury found defendant Billy Thomas Wolfington Jr. guilty of second degree murder (Pen Code, § 187, subd. (a)—count one) and active participation in a criminal street gang The jury also found true that defendant personally used a deadly or dangerous weapon in the commission of these felonies. The jury found defendant not guilty of first degree murder and found not true that the murder was committed for the benefit of, at the direction of, or in association with a criminal street gang with the specific intent to promote, further, or assist in criminal conduct by gang members In a bifurcated proceeding, the trial court found true that defendant was convicted in 2005 of violating section 186.22, and had three times previously served a prison term. The court granted defendant’s motion for a new trial as to count two only, which amounted to an acquittal on that count. The court denied defendant’s motion to strike or set aside the prior strike conviction.
Comments on P. v. Wolfington CA3