People v. White CA2/7

INTRODUCTION

Marchell Mykeon White was convicted by a jury on count 1 of the second degree murder of Terry Jones (Pen. Code,1 § 187, subd. (a)), with special findings that he personally used a firearm (§ 12022.53, subd. (b)), personally and intentionally discharged a firearm (§ 12022.53, subd. (c)), and personally and intentionally discharged a firearm causing great bodily injury and death (§ 12022.53, subd. (d)). The jury also convicted White on count 2 of attempted voluntary manslaughter of Ena Bourne (§§ 192, subd. (a), 664), with a special finding that he personally used a firearm (§ 12022.5, subd. (a)). The jury found a gang allegation (§ 186.22, subd. (b)) not to be true. The court found true the allegation that White had a prior conviction for a violent or serious felony under the “Three Strikes” law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), one prior serious felony conviction within the meaning of section 667, subdivision (a)(1), and one prior prison term within the meaning of section 667.5, subdivision (b). The court sentenced White to an aggregate state prison term of 71 years to life. On appeal, White contends he should not have been convicted of the attempted…