Myers

People v. Myers

Good Law
1997 Cal. App. LEXIS 1050·59 Cal. App. 4th 1523·69 Cal. Rptr. 2d 889·97 Daily Journal DAR 15185·97 Cal. Daily Op. Serv. 9460
Court of Appeal of CaliforniaDecember 17, 1997B106076California4,737 words

Opinion

Opinion

Aldrich, J.

This case involves a drive-by shooting. Appellant and defendant Cartez Rodney Myers appeals from the judgment entered following a jury trial which resulted in his conviction of first degree murder and two counts of attempted murder. Appellant was sentenced to a prison term of 25 years to life, plus a consecutive life term, plus 12 years.

In the published portion of this opinion (pts. L, II.A., and HI.) we address appellant’s contention that Penal Code section 654 bars the imposition of the Penal Code section 12022.55 enhancement on the first degree murder conviction.

In the unpublished portion of this opinion (pts. II.B. and II.C.) we address appellant’s contentions that (1) there was insufficient evidence to support the two attempted murder convictions; and (2) there was insufficient evidence to support the jury’s finding on the Penal Code section 12022.55 enhancement. We affirm.

I.

Factual and Procedural Background

A. Facts.

On September 8, 1995, appellant and Maurice Williams were on Wilmington Avenue in a black Chevrolet Beretta when “Greg" shot at them. Williams and appellant were members of the Palmer Block Crips. They believed Greg was a member of a rival…

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