People v. Murphy CA1/2

BACKGROUND

In August 2006, Murphy entered a barbershop, drank tequila with a barber, and asked for the phone number of Quincy Carr’s girlfriend. After Carr and his girlfriend refused, Murphy left, only to return 10 or 15 minutes

1 Further undesignated statutory references are to the Penal Code.

1 later with a gun. Carr attempted to flee, but Murphy followed and shot Carr five times, leaving him paralyzed. By information filed January 1, 2007, the People charged Murphy with attempted premediated murder (§§ 187, subd. (a); 664, subd. (a); count 1), aggravated mayhem (§ 205; count 2), and possession of a firearm by a felon (former § 12021, subd. (a)(1); count 3). The first two counts alleged the personal discharge of a firearm and the infliction of great bodily injury (§§ 12022.7, subds. (a) & (b); 12022.53, subds. (b)–(d); 12022.5, subd. (a)). The information also alleged two prior convictions and two prior prison term enhancements (§ 667.5, subd. (b)). A jury found Murphy guilty of attempted premediated murder, the lesser included offense of simple felony mayhem rather than aggravated (§ 203), and possession of a firearm by a felon. The jury also found true the firearm and great…