People v. Bellows CA2/2

BACKGROUND

Defendant and codefendant Patrick Chattman (Chattman) were jointly charged with two counts of attempted murder and one count of shooting at an inhabited dwelling. The information alleged in count 1 that defendant and Chattman attempted to murder Lynn Jones (Jones), and in count 2, that defendant and Chattman attempted to murder Pond Mosby (Mosby), in violation of Penal Code sections 664 and 187, subdivision (a).1 In count 3, defendant and Chattman were charged with shooting at an inhabited dwelling in violation of section 246. The information also alleged that a principal personally and intentionally discharged a firearm in the commission of the offenses, within the meaning of section 12022.53, subdivisions (b), (c), and (e)(1), and that for purposes of the penalty enhancement of section 664, subdivision (a), that the attempted murder was willful, deliberate, and premeditated, and that a principal personally used a firearm. The information further alleged that the offense was committed for the benefit of, at the direction of, or in association with a criminal street gang, within the meaning of section 186.22, subdivision (b); that defendant had suffered three prior…