People v. Francis CA1/3

BACKGROUND

The 2012 Convictions In 2012, Francis and his codefendant, Miles, were jointly tried on multiple charges arising out of two separate gunshot attacks committed on April 5 and May 27, 2010. The People alleged that both sets of crimes were committed for the benefit of the “Deep C” criminal street gang. (§ 186.22, subds. (b)(1), (b)(4).) This appeal pertains exclusively to the April 2010 incident, and we limit our discussion accordingly. Francis and Miles were charged by amended information with committing the following offenses on April 5, 2010: attempted murder of R. Boyd (§§ 187, 664, count 1); attempted murder of S. Jackson (§§ 187, 664, count 2); shooting at an occupied motor vehicle (§ 246, count 3); and active participation in a criminal street gang (§ 186.22, subd. (a), count 7). As to the first three charges, the prosecution alleged distinct gun use enhancements for each defendant. For committing the attempted murder of Boyd, Francis was charged with enhancements for personally inflicting great bodily injury (§ 12022.7, subd. (a)) and for “personally” using, and “intentionally and personally” discharging a firearm, causing great bodily injury (§ 12022.53, subd…