P. v. Peters CA1/5
Appellant and codefendant Joseph Evert Coley were charged with first degree murder (§ 187) and attempted murder (§§ 187, 664), with allegations that both crimes were gang-related and committed with the use of a firearm (§§ 186.22, subds. (b)(1) & (f), 12022.53, subds. (b), (c), (d), & (e)(1), 12022.5, subd. (a)(1)). (People v. Peters (Jan. 4, 2013, A131097) [nonpub. opn.].) The surviving victim told police Coley was driving a car that passed by when the shots were fired, but testified at trial he did not see a car or driver at the time of the shooting. (Ibid.) Two witnesses testified pursuant to plea agreements that they were in Coley’s car with Coley and appellant when the group saw the victims, one of whom was believed to be a rival gang member, and that appellant leaned out the passenger window and fired shots when they drove by them. (Ibid.)
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