The People v. Crawford CA1/1

I. BACKGROUND

Defendant was charged in an information, filed December 16, 2010, with attempted second degree robbery (Pen. Code,1 § 211) and possession of a firearm by a felon (§ 12021, subd. (a)(1)). As to the attempted robbery charge, it was alleged defendant personally discharged a firearm, causing great bodily injury (§§ 12022.5,

1 All statutory references are to the Penal Code. subd. (a), 12022.7, subd. (a), 12022.53, subds. (b), (c), (d), (g)), personally inflicted great bodily injury (§§ 1192.7, subd. (c)(8), 12022.7, subd. (a)), and committed the offense while on parole (§ 1203.085, subd. (b)). Defendant was also alleged to have a prior strike and serious felony conviction (§§ 667, subds. (a)(1), (e)(1), 1170.12, subd. (c)(1)) and four other felony convictions for which he served prison terms (§ 667.5, subd. (b)). The victim testified he was selling ice cream from a pushcart around noon on the day of the attempted robbery. Three people, one later identified by other witnesses as defendant, walked up to the cart. Defendant said he wanted to buy ice cream. The two others moved to surround the victim. After the victim gave defendant ice cream, defendant took a revolver from…