People v. Gwin CA2/4
Opinion
Opinion
Siggins, J.
BACKGROUND
Gwin was tried for three incidents that occurred in 2007. One incident involved the negligent discharge of a weapon, another involved a fatal shooting outside a gas station in Bellflower, and the third involved a non-fatal shooting at a Gardena strip club. (See People v. Gwin (Aug. 15, 2012, B230533) [nonpub. opn.].) In 2010, a jury found Gwin guilty of first degree murder (§ 187, subd. (a)); willful, premeditated, and deliberate attempted murder (§§ 187, subd. (a), 664, subd. (a)); and discharge of a firearm with gross negligence (§ 246.3, subd. (a)). The jury also found that Gwin personally and intentionally discharged a firearm, causing great bodily injury or death to the victims of both the murder and attempted murder (§ 12022.53, subd. (d)). Both convictions were also enhanced based upon a finding that Gwin committed the murder and attempted murder for the benefit of, at the direction of, or in association with a criminal street gang (§ 186.22, subd. (b)(1)(C)). The trial court sentenced Gwin to a total term of 92 years to life. A different panel of this court affirmed the convictions on appeal. (See People v. Gwin, supra.)