People v. Stone

Certified for Partial Publication. [*]

Nicholas Scott Stone (appellant) was convicted by jury of one count of attempted murder with premeditation and deliberation (Pen.Code, §§ 664, 187, subd. (a)) and three counts of attempting to dissuade a witness (§ 136.1, subd. (a)(2)). A personal use of a firearm allegation was found true (§ 12022.53, subd. (b)) as to the attempted murder charge, as was an allegation that all counts were committed for the benefit of, at the direction of, and in association with a criminal street gang (§ 186.22, subd. (b).) The jury acquitted appellant of one count of possession of a weapon, i.e., a billy club (§ 12020, subd. (a)(1)). Pursuant to the trial court's instructions, when the jury found appellant guilty on count 1, it entered no verdict on count 2, which charged assault with a firearm as an alternative and lesser offense to the attempted murder charged in count 1.

The trial court sentenced appellant to an indeterminate prison term of 15 years to life plus a determinate term of 10 years on the attempted murder conviction with gang and firearm enhancements and to three consecutive seven years to life terms on the convictions for…