Anderson

People v. Anderson

Good Law
185 Cal. Rptr. 3d 75·2015 Cal. App. LEXIS 221·234 Cal. App. 4th 1411·15 Cal. Daily Op. Serv. 2503
Court of Appeal of CaliforniaMarch 10, 2015B245674California4,129 words

Opinion

Opinion

Chaney, J.

Clyde Wesley Anderson appeals from his conviction for the murder of Dominique McDaniel on three grounds; that he was deprived of representation by competent counsel at his preliminary hearing; that there is insufficient evidence to support his murder conviction; and that there is insufficient evidence to support the gang enhancements. We disagree, and affirm the judgment.

Background

Anderson was charged by amended information with the first degree murder of Dominique McDaniel (Pen. Code, § 187, subd. (a)), and the attempted murder of Brandy Smallwood (Pen. Code, §§ 187, subd. (a), 664). The information alleged as to both counts that Anderson personally and intentionally discharged a firearm causing great bodily injury and death (former § 12022.53, subds. (d) & (e)(1)); that he personally and intentionally discharged a firearm (former § 12022.53, subds. (c) & (e)(1)); that he personally used a firearm (former § 12022.53, subds. (b) & (e)); and that the offense was committed for the benefit of, at the direction of, and in association with a criminal street gang with the specific intent to promote, further and assist in criminal conduct by gang members (§ 186.22, subd.…

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