People v. Williams CA5

FACTS AND PROCEDURAL HISTORY

Williams was charged in an information with seven felony counts: attempted first- degree murder in counts 1 and 2 (Pen. Code,1 §§ 664, 187, subd. (a)); assaulting a peace officer with a firearm in counts 3 and 4 (§ 245, subd. (d)(1)); felon in possession of a firearm in count 5 (§ 29800, subd. (a)(1)); active participation in a criminal street gang in count 6 (§ 186.22, subd. (a)); and carrying a loaded firearm as an active gang participant in count 7 (§ 25850, subd. (c)(3)). The information included gang-related sentencing enhancements with respect to counts 1, 2, 3, 4, and 5. The gang enhancements alleged that the offenses charged in these counts were “committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members .…” (§ 186.22, subd. (b)(1).) The case proceeded to jury trial (count 6 was dismissed prior to trial). The jury was unable to reach verdicts on counts 1 and 2, the attempted-murder charges, resulting in a mistrial on these counts (the prosecutor ultimately dismissed these charges). The jury found Williams…