People v. Norwood CA3

BACKGROUND

Defendant and his codefendants, Jimmy Broadnax and Mark Johnson, were charged with committing the murder of Raymond Raya with malice aforethought. It was alleged that in the commission of the offense, a principal personally and intentionally discharged a firearm and proximately caused death to a person not an accomplice within the meaning of section 12022.53, subdivision (e)(1), and that defendants committed the murder 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 the criminal conduct by gang members within the meaning of section 186.22, subdivision (b)(1).

1 Effective June 30, 2022, the Legislature renumbered Penal Code section 1170.95 to section 1172.6 with no change in text. (Stats. 2022, ch. 58, § 10.) For purposes of clarity and conformity with the petition, we will continue to refer to the statute as section 1170.95 throughout the opinion. Further undesignated statutory references are to the Penal Code.

2 Johnson pleaded no contest to voluntary manslaughter, admitted the firearm use and gang allegations, and agreed to testify truthfully at the trial, in exchange…