People v. Broadway CA6

I. FACTS AND PROCEDURAL BACKGROUND

A. Trial Proceedings 1. Charges In July 1996, the Santa Clara County District Attorney filed a second amended information (information) charging Broadway, Williams, and two other codefendants (Cory Demond Holmes and Terence Demond Tyson) with crimes related to a shooting that occurred on or about January 27, 1996. Count 1 alleged that Broadway and his codefendants unlawfully and with malice aforethought attempted to kill Andre S.3 (§§ 187, 189, 664.) Count 1 also alleged that Broadway and his codefendants willfully, deliberately, and with premeditation attempted to murder Andre S. (§§ 187, 189, 664.) Counts 2 and 3 respectively alleged that Broadway and his codefendants assaulted Fred G. and Tiagmal B. with a handgun. (§ 245, subd. (a)(2).) Count 4 alleged that Williams (alone) permitted another person to discharge a handgun from his vehicle. (§ 12034, subd. (b).) The information additionally alleged, as to counts 1 through 3, that Broadway and his codefendants committed the offense for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)) and while carrying a firearm in a vehicle (firearm carrying allegation) (§ 12021.5). Regarding…