Moringlane

Viewed most favorably to the People who prevailed below, the evidence establishes that shortly after 5 p.m. on February 4, 1978, defendant Moringlane and a codefendant Hector Beltran, while in an automobile owned by defendant, chased a vehicle containing Javier Francisco Silva and Michael Ruiz Rico at speeds up to 80 miles per hour in the City of Chino; that numerous rifle shots were fired by defendant at the vehicle in which Silva and Rico were riding; and that several shots missed that vehicle and hit Danny Kay McDowell and his child William S. McDowell who were traveling in another vehicle. Danny Kay McDowell was killed and William S. McDowell was seriously wounded.

In a five-count information defendant and Beltran were charged with murdering Danny Kay McDowell (count I), assault with intent to murder William S. McDowell (count II), assault with intent to murder Silva (count III), assault with intent to murder Rico (count IV) and conspiracy to murder Silva and Rico (count V). With respect to all of the charges it was alleged that defendant and Beltran were armed with a deadly weapon, to wit, a rifle and that each used a firearm, to wit, a rifle. In addition, in…