People v. Wilson CA4/2

STATEMENT OF THE CASE

Among other offenses, an amended information filed on October 1, 2012, charged

defendant and his codefendant, Napoleon Dajon Phipps, with committing the

September 2011 premeditated first degree murder of Anthony Junius. (§ 187, subd. (a);

count 6.) Two special circumstances allegations included discharging a firearm from a

motor vehicle (§ 190.2, subd. (a)(21)) and committing the murder as an active gang

participant who intentionally killed the victim to further the gang’s activities (§ 190.2,

subd. (a)(22)). Further allegations attached to count 6 included that the offense was

committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)) and that a

principal personally and intentionally discharged a firearm causing great bodily injury or

death (§ 12022.53, subds. (d), (e)(1)).

A jury found defendant guilty on all counts including first degree murder “as

charged in Count VI of the Information.” The jury found both special circumstance

allegations true on count 6, as well as the gang and firearm allegations. The trial court

sentenced defendant to life without the possibility of parole on count 6 and substantial

time on the other…