People v. Holmes, McClain & Newborn

Opinion of the Court by Corrigan, J.

On Halloween night in 1993, a group of young teenagers walking home from a party were mistaken for gang members and became the target of gunfire. Three were killed. Defendants Karl Holmes, Herbert McClain, and Lorenzo Newborn1 were each convicted of three counts of murder, five counts of attempted murder, and one count of conspiracy to commit murder.2 Special circumstances for lying in wait and multiple murder were found true as to each murder count.3 The jury found that Holmes was armed with a firearm in committing the offenses4 but found firearm allegations not true as to the other defendants. McClain was convicted of an additional attempted murder, with personal use of a firearm, based on an earlier incident.5 After the jury failed to reach a penalty verdict, that phase

1 Two codefendants originally included in the charges, Aurelius Bailey and Solomon Bowen, were tried separately and are not parties to this appeal. 2 Penal Code sections 187, subdivision (a), 664, and 182, subdivision (a). Further undesignated statutory references are to the Penal Code. 3 Section 190.2, subdivision (a)(3) and (15). 4 Section 12022, subdivision (a)(1). 5…