People v. McDaniels CA1/1

I.

FACTUAL AND PROCEDURAL

BACKGROUND

McDaniels was charged with one count of murder and one count of being a felon in possession of a firearm based on the killing of Teric Traylor. The evidence introduced at trial showed that in July 2013, an acquaintance of McDaniels’s got into a physical fight with Traylor in front of several other people on a West Oakland street. Two witnesses testified that they saw McDaniels, who often hung out in the area, shoot Traylor. Traylor was shot three times by the same gun and died from his wounds. The jury convicted McDaniels of first degree murder and being a felon in possession of a firearm. In connection with the murder, the jury also found true that he personally and intentionally discharged a firearm causing death, personally and intentionally discharged a firearm, and personally used a firearm.2 In June 2016, the trial court sentenced McDaniels to a total term of 50 years to life in prison, composed of a term of 25 years to life for the murder, a consecutive term of 25 years to life for the enhancement under section 12022.53(d), and a concurrent term of two years for the firearm possession. Twenty- and ten-year terms for the other two…