Dickens

The Riverside County District Attorney (hereafter the prosecution or the district attorney) appeals from an order granting Roscoe Dickens (hereafter defendant) a new trial on a count of willful, deliberate and premeditated attempted murder. We affirm.

PROCEDURAL HISTORY

A jury convicted defendant of the willful, deliberate and premeditated attempted murder of Bernard Gibbs (hereafter Gibbs), and found true the allegation that he personally and intentionally discharged a firearm in the commission of that offense. The jury also convicted him of assault with a firearm on Gibbs and assault with a firearm on Diane Hamilton (hereafter Hamilton). It found true the allegations that he personally and intentionally discharged a firearm in connection with the assault on Gibbs and that he personally used a firearm and intentionally inflicted great bodily injury in connection with the assault on Hamilton. A fourth count, willful discharge of a firearm in a grossly negligent manner, was dismissed during trial on motion of the prosecution.

After the verdicts and findings were returned, the defense made a motion for a new trial on the attempted murder count, on the ground of…