McLead

People v. McLead

Caution
1990 Cal. App. LEXIS 1245·225 Cal. App. 3d 906·276 Cal. Rptr. 187·90 Daily Journal DAR 13645·90 Cal. Daily Op. Serv. 8724
Court of Appeal of CaliforniaNovember 27, 1990E006753California5,382 words

Opinion

Opinion

Dabney, J.

Defendants, Derron McLead, Derrick Shawn Smith, and David Lamont Lewis, were charged in an information with the murder of Anthony Frazier in count I (Pen. Code, § 187), and with the special circumstances of murder committed for financial gain (Pen. Code, § 190.2 subd. (a)(1)), murder committed during a robbery (Pen. Code, § 190.2 subd. (a)(17)(i)), and murder committed during a burglary (Pen. Code, § 190.2, subd. (a)(17)(vii)). The information charged the attempted murder of William Rodgers and Phillip LeBlanc in counts II and IV (Pen. Code, §§ 187, 664). Counts III and V charged the kidnapping for the purposes of robbery of William Rodgers and Phillip LeBlanc. (Pen. Code, § 209, subd. (b).) Count VI charged the robbery of William Rodgers. (Pen. Code, § 211 and § 213.5.) Counts VII, VIII, and IX charged conspiracy to murder Anthony Frazier, William Rodgers, and Phillip LeBlanc. (Pen. Code, § 182.) Counts II through VI alleged that a principal was armed with a firearm in those counts. (Pen. Code, § 12022, subd. (a).) The information also charged the personal use of a firearm in counts I through VI for all three defendants. (Pen. Code, § 12022.5 and § 1192.7, subd.…

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