People v. Graves CA2/2

BACKGROUND

Defendant was convicted by jury in 2010 of the August 2007 murder of Kytuze Herrera (count 1) and the attempted

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

2 murders of four other people (counts 2 through 5) arising from a driveby shooting. Defendant was also convicted of grossly negligent discharge of a firearm and carrying a concealed weapon in October 2007 (counts 6 and 7).2 As the jury was unable to agree to the degree of the murder, it was deemed to be in the second degree. The special allegation under section 186.22, subdivision (b)(l), that the crimes were committed for the benefit of, at the direction of, and in association with a criminal street gang, with the specific intent to promote, further and assist in criminal conduct by gang members was found to be true. The jury also found true the special allegations under section 12022.53, subdivisions (b), (c), (d), and (e)(1), that a principal personally used and intentionally discharged a handgun. Defendant was sentenced to a total prison term of 168 years to life plus two years eight months. Defendant was tried with codefendants Maurice Bennett and Robert Maxwell.…