People v. Johnson CA3

FACTS AND HISTORY OF THE PROCEEDINGS

By amended information, the prosecution charged defendant and Dobynes with first degree murder (§ 187, subd. (a); count 1), and alleged three enhancements to this count: this was a serious felony, Dobynes used a firearm, and defendant was a principal in the crime and one or more of the principals were armed with a firearm (§§ 1192.7, subd. (c)(7), 12022.5, subd. (a), 12022, subd. (a)). The information also charged defendants with willful discharge of a firearm from a vehicle (§ 246; counts 2 & 3) and alleged counts 2 and 3 were serious felonies (§ 1192.7, subd. (c)(8)). The information further alleged defendant allowed Dobynes to discharge a firearm from his vehicle. (§ 12034, subd. (b); counts 4, 5 & 6.) Finally, the information alleged defendants committed counts 1 through 3 for the benefit of a street gang. (§ 186.22, subd. (b)(1).) One Sunday in June 1993, defendant, Dobynes, and their friends went to William Land Park (Land Park) in defendant’s SUV. Defendant drove and Dobynes was in the front passenger seat. A month prior to this trip, defendant’s SUV was hit by bullets while it was parked in Oak Park in an apparent warning for…