P. v. Whitfield CA5
In 1999, a jury found defendant not guilty of first degree murder, but guilty of second degree murder (§ 187, subd. (a); count 1) and found true allegations he personally used a firearm during the commission of the murder in violation of section 12022.5, subdivision (a); he personally and intentionally discharged a firearm which proximately caused great bodily injury or death to another person, not an accomplice, during the commission of the murder in violation of section 12022.53, subdivision (d); and that he committed the murder for the benefit of, at the direction of, or in association with a criminal street gang in violation of section 186.22, subdivision (b). The court sentenced defendant to 15 years to life on count 1, plus 25 years to life for the section 12022.53, subdivision (d) firearm enhancement, and an additional year for a prior prison enhancement pursuant to section 667.5, former subdivision (b).
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