Lucas

Leroy Emmanuel Lucas and Kenneth Ray Donaghe were each convicted in a joint jury trial of second degree murder (Pen. Code, §§ 187-189; all undesignated section references are to that code), robbery (§212.5) and conspiracy to rob (§§182, 212.5), with found-true special allegations of personal gun use (§ 12022.5, subd. (a)) and discharge at an occupied vehicle causing death (§ 12022.5, subd. (b)) as to Lucas, and simple arming (§ 12022, subd. (a)(1)) as to Donaghe. Defendants appeal following sentence to terms of fifteen years to life each plus, respectively, eight years, four months, and three years. We will affirm.

Defendants carried out the three crimes on July 21, 1993, during an evening of driving around the Redwood City area in the company of Charles (Chuck) Williams and driver William (Bill) Long. Williams and Long testified on promises of partial immunity. A brief overview of the evidence serves to frame the issues.

First in time came the conspiracy to rob. Lucas set out to rob Adam Janson of drugs and money. He made this known to the others, and Donaghe brought along a handgun. Donaghe sat in the backseat behind Lucas, the front seat passenger, and at one of…