People v. Wittkop CA3

BACKGROUND

The Shooting and the Charge The information charged defendant and codefendant Kelsey Brace with the attempted willful, deliberate, and premeditated murder of A.K. (count one), two counts of assault with a firearm (count two A.K. & count three K.J.), shooting from a motor vehicle (count four), and shooting at an inhabited dwelling (count five).1 The information alleged that defendant personally inflicted great bodily injury on A.K. and that he did so by discharging a firearm from a motor vehicle (§§ 12022.7, subd. (a), 12022.55; counts one, two, & four), that he personally used a firearm (§§ 1203.06, subd. (a)(1), 12022.5, subd. (a)(1); counts two through five), and that he personally used and intentionally discharged a firearm proximately causing great bodily injury (§ 12022.53, subds. (b)-(d); counts one, four & five).

The information also initially charged defendant and Brace with conspiracy to commit assault by means of force likely to produce great bodily injury and assault with a firearm (§ 182, subd. (a)(1); count six), but based on the limited record before us, it appears count six was subsequently dismissed at an unknown time. The court did not instruct…