People v. Shaw CA2/4

BACKGROUND

In 2004, Shaw was charged by information with murder (§ 187, subd. (a), count 1); assault with a deadly weapon (an automobile) (§ 245, subd. (a)(1), count 2); willful, deliberate, premeditated attempted murder (§§ 664, 187, subd. (a), count 3); and three counts of shooting from a motor vehicle (§ 12034, subd. (c), counts 4, 5 and 6). The information further alleged firearm use enhancements as to each count (§§ 1203.06, subd. (a)(1), 12022.5, subd. (a)(1)), § 12022.53, subds. (b)-(d)). The jury found Shaw guilty of involuntary manslaughter on count 1 and attempted murder on count 3, and not guilty on the remaining counts. The jury also found true the allegations that Shaw personally used a firearm in the commission of count 1 within the meaning of section 12022.5, subdivision (a) and personally used and intentionally discharged a firearm in the commission of count 3 within the meaning of section 12022.53, subdivisions (b) and (c). The trial court sentenced Shaw to a term of 27 years to life in prison for the attempted murder, including a term of 20 years for the section 12022.53, subdivision (c) enhancement, as well as a concurrent term of seven years for involuntary…