People v. Palmer CA2/2

Good Law
Court of Appeal of CaliforniaFebruary 16, 2022B302342BCalifornia18,756 words

Opinion

Opinion

Chavez, J.

BACKGROUND

In 2019, the jury in defendant’s second trial convicted him and two codefendants, Joel Childress and Eric Allen, of first degree murder in violation of Penal Code section 187, subdivision (a).2 The jury found true the special circumstance allegation that defendant intentionally killed the victim while he was an active participant in a criminal street gang and the murder was carried out to further the activities of the gang. (§ 190.2, subd. (a)(22).) The jury also found defendant guilty of two counts of attempted willful, deliberate, and premeditated murder (§§ 187, subd. (a), 664) and one count of making a criminal threat in violation of section 422. The jury found true both the allegation that a principal personally and intentionally used and discharged a firearm, within the meaning of section 12022.53, subdivisions (b), (c) and (e)(1), proximately causing great bodily injury and death to the victims, and that the crimes were committed for the benefit of a criminal street gang, with the specific intent to promote,

All further statutory references are to the Penal Code, unless otherwise indicated.

3 further and assist in criminal conduct by gang members, within…

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