P. v. Collier
The District Attorney of Los Angeles County filed an information charging defendant and appellant James Collier (defendant) with the first degree murder of Joseph Swift (Pen. Code,[1] 187, subd. (a); count 1); the attempted willful, deliberate, premeditated murders of Fred Bigbee ( 664, 187, subd. (a); count 2), Christine Kjellesvig ( 664, 187, subd. (a); count 3), Asa Price ( 664, 187, subd. (a); count 4), Giovanni Jones ( 664, 187, subd. (a); count 5), Stanley Barlow ( 664, 187, subd. (a); count 6),[2]Charisma Johnson ( 664, 187, subd. (a); count 7), Shada Lofton ( 664, 187, subd. (a); count 8), and Shanae Lofton ( 664, 187, subd. (a); count 9); and shooting into an inhabited dwelling ( 246; count 10).[3] As to count 1, the information alleged that defendant killed Swift while defendant was an active participant in a criminal street gang and the murder was carried out to further the activities of the criminal street gang ( 190.2, subd. (a)(22)); that the murder was perpetrated by means of shooting a firearm from a motor vehicle with the intent to inflict great bodily injury ( 190, subd. (d)); that defendant personally used a firearm ( 12022.53, subd. (b)); that he personally and intentionally discharged a firearm ( 12022.53, subd. (c)); that he personally and intentionally discharged a firearm that proximately caused great bodily injury and death ( 12022.53, subd. (d)); and that the murder was intentional and perpetrated by means of discharging a firearm from a motor vehicle, intentionally at another person or persons outside the vehicle with the intent to inflict death ( 190.2, subd. (a)(21)). As to counts 2 through 11, the information alleged that defendant personally used a firearm ( 12022.53, subd. (b) and that he personally and intentionally discharged a firearm ( 12022.53, subd. (c)). As to all counts, the information alleged that defendant committed the offenses for the benefit of, at the direction of, and in association with a criminal street gang with the specific intent to promote, further, and assist in criminal conduct by gang members ( 186.22, subd. (b)(1)(A)); that defendant had suffered a prior conviction or juvenile adjudication within the meaning of the Three Strikes law ( 667, subds. (b)(i) & 1170.12, subds. (a)(d)), and that defendant had served a prior prison term ( 667.5, subd. (b)). The judgment of conviction is affirmed.
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