People v. Woods CA3

BACKGROUND

The facts underlying defendant’s crimes, set forth in our partially published opinion People v. Woods (1992) 8 Cal.App.4th 1570 (Woods) affirming defendant’s

Undesignated statutory references are to the Penal Code.

1 convictions, were as follows: Defendant, along with John Windham and several other accomplices, attacked Susan Allen and Trudy Johnson to find the whereabouts of a rival gang member who shot their friend. (Id. at p. 1577.) They then left Allen and Johnson’s apartment and went to their parked car. “A few parking stalls away, Craig Chmelik and James McMahon were preparing to depart in Chmelik’s Mustang. Noticing the pair, Woods drew a large handgun, loaded it, and fired six shots into the Mustang. McMahon was wounded, and Chmelik was killed.” (Ibid.) Defendant was convicted of first degree murder of Chmelik, attempted murder of McMahon, and assaults with a firearm on Allen and Johnson, and it was found true that defendant used a firearm in the commission of the offenses and that he had served a prior prison term. (Ibid.) Defendant appealed; we reversed a sentence enhancement but otherwise affirmed his conviction. (People v. Woods, supra, 8 Cal.App.4th…