People v. McCoy CA2/2

BACKGROUND

In 1992, defendant was charged with, inter alia, murder (§ 187, subd. (a) (count 1)); two counts of attempted murder (§§ 664, 187, subd. (a) (counts 2–3)); robbery (§ 211 (count 5)); and residential burglary (§ 459 (count 8)).3 The information further alleged that defendant committed the murder while engaged in robbery and burglary (§ 190.2, subd. (a)(17)); that he committed the attempted murders willfully, deliberately, and with premeditation (§ 664, subd. (a)); that he personally used a firearm to commit the murder, attempted murders, and robbery (§ 12022.5, subd. (a)); and that he inflicted great bodily injury on the victim of count 3 (§ 12022.7). Defendant was the sole person charged for these crimes. At defendant’s trial, the prosecution presented evidence that defendant entered the house where the three victims were hanging out and drinking. Defendant ordered all three of them to lie on the floor, asked them for money, and pulled out a

All further references are to the Penal Code unless otherwise indicated. Effective June 30, 2022, section 1170.95 was renumbered section 1172.6, with no change in text. (Stats. 2022, ch. 58, § 10.) For simplicity, we…