People v. Cox CA2/2

BACKGROUND

Prior proceedings Defendant and two codefendants were charged with two counts of attempted murder, counts 1 and 6, and other felony counts after firing weapons toward several people in 2010, hitting one of them in the knee. Defendant and codefendant Getz Anderson were tried together in 2011. The jury found defendant guilty of possession of a firearm by a felon (count 3), found Anderson guilty of possession of an assault weapon (count 4), and found true the gang allegation pursuant to Penal Code1 section 186.22 subdivision (b), as to both counts. The jury was unable to reach verdicts on the remaining counts. A mistrial was declared, count 2 (a violation of Veh. Code, § 10851, subd. (a)) was dismissed, and a retrial on counts 1, 5, and 6 (which the court renumbered counts 1, 2, and 3 on the verdict forms) was ordered.

All further statutory references are to the Penal Code unless otherwise indicated. To avoid confusion, we will refer to renumbered counts 2 and 3 by referring first to the original number followed by the retrial number in parentheses as follows: count 5(2) and count

2 At retrial in 2013, defendants were convicted of the attempted murder of…