People v. Wilson CA4/1

I.

BACKGROUND

A. Fatal Shooting Incident On July 6, 1999, Wilson, his brother, and another member of the Lincoln Park criminal street gang went to a party in a motel room hosted by Henry Mabry, a member of a rival gang. Wilson and his companions left

2 after Mabry became angry with them but later returned under the false pretense of recovering an item that had been left behind. Upon gaining reentry to the motel room, Wilson’s brother pulled out a gun and told the guests to get on the floor and surrender their belongings. Wilson himself demanded property from one guest and searched through Mabry’s duffle bag. When Wilson and his companions realized Mabry was asleep, they began beating him and shouting “Lincoln Park.” Mabry fought back, and Wilson’s brother fatally shot him in the head. (People v. Wilson (Dec. 23, 2003, D041120 [nonpub. opn.].) B. Charges, Verdicts, and Sentence The People charged Wilson with first degree murder (Pen. Code, § 187, subd. (a); undesignated section references are to this code), first degree burglary (§§ 459, 460), robbery (§ 211), and six counts of attempted robbery (§§ 211, 664). As to all counts, the People alleged firearm and gang…