People v. Jones CA1/2

BACKGROUND

The Underlying Convictions2 On October 16, 2014, an amended indictment was filed charging defendant with the murder of Carl Purvis, Jr. (§ 187) (count 1), shooting at an occupied vehicle (§ 246) (count 2), and possessing a firearm as a felon (§ 29800, subd. (a)(1)) (count 3). With respect to count 1, the indictment alleged the special circumstance that defendant intentionally murdered Purvis by shooting a firearm from a motor vehicle (§§ 190, subd. (d), 190.2, subd. (a)(21)) and that defendant personally and intentionally discharged a firearm causing death (§ 12022.53, subd. (d)). The indictment also alleged a prior serious felony conviction (§§ 667, subd. (a), 1170.12, subd. (c)(1)), and three prior prison terms (§ 667.5, subd. (b)). (Jones, supra, A155649.) Trial took place in February and March of 2018. As to count 1, “the prosecution argued that [defendant] was guilty of first-degree murder under two theories—that he premeditated and deliberated before shooting Purvis, and that he committed the murder by shooting a firearm from a motor vehicle. (See § 189, subd. (a).)” (Jones, supra, A155649.) The trial court instructed the jury that to find defendant guilty of…