P. v. Jefferson
Defendants, Omar Malik Jefferson, Darryl Wendall Duncan, and Gerald Dwayne McCaffe, appeal from their convictions arising from a gang related shooting. All three defendants were convicted of first degree murder (Pen. Code,[1] 187, subd. (a)) and two counts of willful, deliberate and premeditated attempted murder. ( 187, subd. (a), 664.) Mr. McCaffe was also convicted of being a felon in possession of a firearm. ( 12021, subd. (a)(1).) The jury returned gang and multiple firearm use findings which we will discuss as they are pertinent. ( 186.22, subd. ((b)(1)(C), 12022.53, subds. (b)-(e)(1).) Defendants raise issues concerning: lesser included offense and reasonable doubt instructions; the admissibility of the taped statement of Alvin Boyd, a gang member, who is the victim alleged in count 3 of the amended information; and sufficiency of the evidence. Court asked the parties to address two jurisdictional sentencing contentions. We modify the sentences but otherwise affirm the judgment.
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