Francisco

Procedural History

By information, appellant and codefendant Ronald Thompson were charged with one count (count 1) of murder, a violation of Penal Code section 187, subdivision (a), and two counts (counts 2 and 3) of attempted murder, violations of sections 664 and 187, subdivision (a). As to each count it was also alleged that a principal in the offense was armed with a firearm within the meaning of section 12022, subdivision (a)(1), and personal firearm-use allegations were made as to codefendant Thompson.

Appellant entered a plea of not guilty and denied the special allegations. Appellant’s motion to sever his case from that of Thompson was granted. Trial was by jury.

Appellant was found guilty as charged in all three counts. The jury found the murder in count 1 to be of the first degree. The jury found the allegations true in counts 2 and 3 that the attempted murders were willful, deliberate, and premeditated. The jury further found the principal armed allegations to be true in all three counts.

Probation was denied. As to count 1, the base term, appellant was sentenced to the term prescribed by law of 25 years to life plus 1 year for the principal armed finding.…