P. v. Stewart CA4/2
A jury found defendant and appellant Traevon Denae Stewart guilty of (1) first degree murder with the special circumstances of the killing occurring during a kidnapping and an attempted robbery (Pen. Code, §§ 187, subd. (a), 190.2, subds. (a)(17)(A) & (B)) ; (2) attempted robbery (Pen. Code, §§ 664, 211); (3) kidnapping (Pen. Code, § 207); (4) assault with a semiautomatic firearm (Pen. Code, § 245, subd. (b)); (5) reckless driving while fleeing from a pursuing peace officer (Veh. Code, § 2800.2, subd. (a)); and (6) two counts of dissuading a witness with force or a threat of force (Pen. Code, § 136.1, subd. (c)(1)).
The jury found true the allegations that (A) during the murder, defendant discharged a firearm causing death (§ 12022.53, subd. (d)); (B) during the kidnapping and attempted robbery, defendant personally used a firearm (§ 12022.53, subd. (b)); and (C) during the assault with a semiautomatic firearm, defendant personally used a firearm (§ 12022.5, subd. (a)).
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