P. v. Walker CA2/2
Pursuant to an order by the California Supreme Court, we vacate our original opinion and issue this opinion instead.
In 2003, a jury found defendant and appellant Maurice Lavelle Walker, Jr., guilty of one count of first degree murder (Pen. Code, § 187, subd. (a); count 1) and two counts of attempted murder (§§ 664/187, subd. (a); counts 2 & 3). The jury also found true the allegations that the attempted murders were committed willfully, deliberately, and with premeditation (§ 664, subd. (a)), that in the commission of the offenses defendant personally used a firearm within the meaning of section 12022.53, subdivisions (b), (c), (d), and (e)(1), and that the offenses were committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)). He was sentenced to state prison for a term of 75 years to life, and on direct appeal, we affirmed. (People v. Walker (Apr. 7, 2005, B171963) [nonpub. opn.], p. 1 (Walker I).)
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