Calloway

Calloway v. Super. Ct.

Good Law
Court of Appeal of CaliforniaAugust 5, 2015A142854California7,472 words

Opinion

Opinion

I. BACKGROUND

On August 3, 2005, the People filed a complaint charging Calloway with multiple felonies, including: attempted murder (§§ 187, 664); assault with a firearm (§ 245, subd. (a)(2)); first degree residential robbery (§§ 211, 212.5, subd. (a)); first degree residential burglary (§§ 459, 460, subd. (a)); attempted second degree robbery (§§ 211, 212.5, subd. (c), 664); unlawful driving or taking of a vehicle (Veh. Code, § 10851, subd. (a)); receiving stolen property—motor vehicle (§ 496d); and criminal threats (§ 422). In addition, Calloway was charged with numerous firearm enhancements. According to the People, these crimes carry a maximum sentence of 30 years to life. Although no trial, or even a preliminary hearing, has ever been held in the 2005 case, the People allege the following in support of the charges filed: On July 28, 2005,

2 Calloway and another individual (Stone) committed an armed home-invasion robbery, looking for money and drugs. Both Calloway and Stone used handguns during the robbery, and, at one point, Calloway fired a shot into the ceiling to impress upon the residents being robbed the seriousness of the situation. Ultimately, Calloway and Stone fled…

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