People v. Stultz CA4/2

I. FACTUAL AND PROCEDURAL BACKGROUND

A witness testified that a person he saw earlier dressed the same as defendant shot

and killed the victim. A second witness told an officer he saw defendant and another

man shoot the victim seven times.

By interlineated felony information, the People charged defendant with murder

(§ 187, subd. (a), count 1) and being a felon in possession of a firearm (former § 29800,

count 2). The People additionally alleged that defendant personally and intentionally

discharged a firearm in his commission of the murder (former § 12022.53, subd. (d));

committed the murder for the benefit of, at the direction of, or in association with a

criminal street gang (former § 186.22, subd. (b)(1)(C)); had suffered a prior serious

felony conviction (former § 667, subd. (a)); and had suffered a prior strike conviction

(former §§ 667, subds. (c), (e)(1), 1170.12, subd. (c)(1)).

A jury found defendant not guilty of first degree murder but guilty of second

degree murder (§ 187, count 1) and being a felon in possession of a firearm (former

§ 29800, count 2). The jury additionally found true allegations that defendant personally

and intentionally discharged a…