People v. Miles CA1/2

BACKGROUND

I. Procedural Background

On December 21, 2011, the People filed an information charging Miles with three counts: (1) the murder of Torres (Pen. Code,1 § 187); (2) street terrorism (§ 186.22); and (3) possession of a firearm after multiple prior felony convictions (§ 12021, subd. (a)(1)).2 Counts 1 and 3 were accompanied by a criminal street gang enhancement (§ 186.22, subd. (b)(1)). Count 1 was also accompanied by an enhancement alleging firearm use causing great bodily injury or death (§ 12022.53). On July 20, 2012, an indictment was filed charging Miles with dissuading a witness, Paul Williams, with force or threat (§ 136.1, subd. (c)(1)), accompanied by a criminal street gang enhancement (§ 186.22, subd. (b)(4)). The trial court consolidated the two cases against Miles on September 5, 2012. The charge of dissuading a witness was designated as count 4. A jury trial commenced on September 24, 2012. Presentation of evidence occurred over seven days between October 9 and October 17, 2012. The jury began its deliberation on October 18, 2012, and deliberated for six days, returning a verdict on October 26, 2012. The jury found Miles guilty on all four counts, with murder…