The People v. Hall CA2/2

BACKGROUND

Procedural history Defendant was charged in count 1 with the murder of Dante Nolan (Nolan) in violation of Penal Code section 187, subdivision (a).1 In count 2, defendant was charged with the attempted willful, deliberate, premeditated murder of Gregory Davis (Davis) in violation of sections 664, subdivision (a), and 187, subdivision (a). It was further alleged as to both counts that defendant personally used a firearm within the meaning of section 12022.53, subdivision (b); that he personally and intentionally discharged a firearm, causing great bodily injury and death within the meaning of section 12022.53, subdivisions (c) and (d); and pursuant to section 186.22, subdivision (b), that the offenses were committed for the benefit of, at the direction of, or in association with a criminal street gang with the specific intent to promote, further, or assist in criminal conduct by gang members. The jury found defendant guilty of both counts as charged and found true the special allegations. On November 17, 2011, the trial court sentenced defendant on count 1 to a term of 25 years to life in prison, plus a consecutive 25 years to life due to the firearm enhancement. As to…