People v. Penix CA4/1

I.

INTRODUCTION

An amended information charged Michael William Penix, David Long, Monique

Vargas, and Nora Herrera with murder (count 1) (Pen. Code, § 187, subd. (a))1 and

attempted robbery (count 2) (§§ 664, 211). The information additionally charged Penix

and Long with possession of a firearm by a felon (count 3) (§ 29800, subd. (a), former

§ 12021, subd. (a)(1)),2 and charged Long with unlawful driving or taking of a vehicle in

violation of Vehicle Code section 10851 (count 4), and receiving stolen property (count

5) (§ 496d, subd. (a)).

The information alleged as to counts 1 and 2 that Penix personally and

intentionally discharged a firearm, causing death (§ 12022.53, subd. (d)), personally

discharged a firearm (§ 12022.53, subd. (c)), and personally used a firearm (§ 12022.53,

All statutory references are to the Penal Code unless otherwise specified.

The information cited section 12021, subdivision (a). Section 12021 was repealed as of January 1, 2012 by 2010 legislation. (Stats. 2010, ch. 711, § 6, operative Jan. 1, 2012.) Section 29800, subdivision (a) continues former section 12021, subdivision (a) without substantive change. (See Cal. Law…