People v. Shallowhorn CA2/2

I. Facts

A. The underlying crime On the evening of December 2, 1995, defendant met with other members of the Spooktown Crips, Acacia Block Crips, and Farm Dog Crips to discuss plans to shoot members of the Nutty Block Crips in retaliation for the shooting death earlier that afternoon of an acquaintance of theirs. Around 8:00 p.m. that evening, defendant armed with an assault rifle and a cohort armed with a Tech-9 semiautomatic pistol drove to an area controlled by the Nutty Block Crips and shot three young people dead. B. Conviction and appeal In the operative complaint, the People charged defendant with three counts of first degree murder (§ 187, subd. (a)), and conspiracy to commit murder (§§ 182, subd. (a)(1), 187, subd. (a)). As to the murder counts, the People further alleged the special circumstances allegation of multiple murders (§ 190.2, subd.

All further statutory references are to the Penal Code. We largely draw these facts from our prior, unpublished opinion affirming defendant’s conviction. (People v. Shallowhorn (Aug. 29, 2001, B125654).)

2 (a)(3)) and firearm armed and use allegations (§§ 1203.06, subd. (a)(1); 12022, subd. (a)(1); 12022.5;…