People v. Green CA2/4

INTRODUCTION

This case arises out of a racially-motivated attack on Thomas Johnson by defendant Brian Clay Green, Gunnar Stine and Jacob Gurfinkiel.1 The jury convicted defendant of attempted murder (§§ 664/187, subd. (a)), assault with a deadly weapon or by force likely to cause great bodily injury (§ 245, subd. (a)(1)), and making criminal threats (§ 422).2 In regard to the attempted murder conviction, the jury found true the allegations that defendant personally inflicted great bodily injury (§ 12022.7, subd. (a)) and that the offense was a hate crime committed in concert with others (§ 422.75, subd. (b)).3 In regard to the assault conviction, the jury found true the allegations that defendant personally used a deadly weapon, a knife (§ 12022, subd. (b)(1)); that he personally inflicted great bodily injury (§ 12022.7, subd. (a)), and that the offense was a hate crime committed in concert with others (§ 422.75, subd. (b)). In regard to the criminal threats conviction, the jury found true the allegations that defendant personally used a deadly weapon, a knife (§ 12022, subd. (b)(1)) and that the offense was a hate crime committed in concert with others (§ 422.75, subd. (b)).…