People v. Daniels CA1/2

BACKGROUND

In 2005, Daniels and his codefendant Charles Gordon were convicted of the December 17, 2004 attempted murder (Pen. Code1, §§ 187, 664, subd. (a)) of Sean McClellan and the January 12, 2005 attempted murder of Irving Griffin, as well as second degree robbery (§ 211). Daniels was also separately

1 Further undesignated statutory references are to the Penal Code.

1 found guilty of carjacking (§ 215, subd. (a)), discharging a firearm from a vehicle (former § 12034), and discharging a firearm at an occupied vehicle (§ 246), along with various enhancements. He was sentenced to 56 years to life with the possibility of parole. In 2009, we affirmed Daniels’ convictions on direct appeal. (People v. Daniels (Mar. 6, 2009) A113184, 2009 WL 568918, at p. *1 [nonpub. opn.].) The Shootings Our previous opinion provided the following factual background with respect to the attempted murders: “Daniels and Gordon were convicted of the attempted murder of Sean McClelland. McClelland did not testify because he died before the trial. Pittsburg Police Officer Erik Severe testified that on the evening of December 17, 2004, he went to a hospital and spoke with McClelland, who had been shot…