People v. Runderson CA5

STATEMENT OF THE CASE

Appellants were charged in count 1 with attempted murder (Pen. Code, §§ 664, 187, subd. (a)); in count 2 with second degree robbery (§ 211); and in counts 3, 4 and 5 with assault with a deadly weapon (§ 245, subd. (a)(2)). The following enhancements were alleged: a gang allegation (§ 186.22, subd. (b)(1)) as to appellants on all counts; a personal use of a firearm enhancement (§ 12022.53, subd. (b)) as to Runderson on count 1, as to all appellants on count 2, and as to Jones on count 3; a personal use and intentional discharge of a firearm causing great bodily injury enhancement (§ 12022.53, subd. (d)) as to Jones on counts 1, 2 and 3; and as to all appellants, that they were principles in the commission of counts 1 and 3 and that Runderson was a principal in the commission of count 2 (§ 12022.53, subd. (e)). Appellants were found guilty by jury as charged. Runderson was sentenced to prison for 12 years four months, plus 25 years to life, as follows: on count 1, to seven years, plus 25 years to life on the section 12022.53, subdivision (d) and subdivision (e) enhancement;2 on count 4 to one year, plus one year eight months on the gang enhancement; and on…