P. v. Shaw
Appellant Andre Curtis Shaw was charged by information with the murder of Jose Gutierrez (Pen. Code, 187, subd. (a), count 1); assault with a deadly weapon (an automobile) on Jose Gutierrez ( 245, subd. (a)(1), count 2); the willful, deliberate, premeditated attempted murder of Eric Gutierrez ( 664, 187, subd. (a), count 3); and three counts of shooting from a motor vehicle ( 12034, subd. (c), counts 4, 5 and 6).[1] The information further alleged: with respect to count 2, that appellant personally used a firearm within the meaning of section 1203.06, subdivision (a)(1) and section 12022.5, subdivision (a)(1); with respect to count 3, that appellant personally and intentionally discharged a firearm within the meaning of section 12022.53, subdivision (c) and personally used a firearm within the meaning of section 12022.53, subdivision (b); and with respect to counts 1, 4, 5 and 6, that appellant personally and intentionally discharged a firearm within the meaning of section 12022.53, subdivisions (c) and (d) and personally used a firearm within the meaning of section 12022.53, subdivision (b).
The judgment is modified to reflect an additional court security fee of $20 and, as modified, is affirmed.
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