People v. James CA4/2

BACKGROUND

In August 2017, the People filed an information alleging that James committed

two counts of murder (Pen. Code, § 187, subd. (a); undesignated statutory citations refer

to this code), one count of attempted murder (§§ 664, 187, subd. (a)), one count of active

participation in a criminal street gang (§ 186.22, subd. (a)), and one count of felon in

possession of a firearm (§ 29800, subd. (a)(1)). The People further alleged the multiple

murder special circumstance (§ 190.2, subd. (a)(3)), the gang special circumstance

(§ 190.2, subd. (a)(22)), and the hate crime special circumstance (§ 190.2, subd. (a)(16)).

The People also alleged as to the murder and attempted murder counts that they were

committed for the benefit of, at the direction of, or in association with a criminal street

gang (§ 186.22, subd. (b)(1)(C)) and that a principal personally and intentionally

discharged a firearm causing great bodily injury or death to the victims, who were not

accomplices (§ 12022.53, subds. (d) & (e)). As to the attempted murder count, the

People alleged that James personally inflicted great bodily injury. (§§ 12022.7, subd. (a),

1192.7, subd. (c)(8).) The People alleged…