P. v. Carter
A jury convicted Larry Kinkade Carter and Jonathan Japheth Norton of first degree murder (Pen. Code, § 187, subd. (a); count 1)[1] and active gang participation (§ 186.22, subd. (a); count 3). The jury additionally convicted Norton of being a felon in possession of a firearm (Former § 12021, subd. (a)(1), repealed and reenacted without substantive change as § 29800, subd. (a)(1), by Stats. 2010, ch. 711, §§ 4 [repeal] & 6 [reenactment], eff. Jan. 1, 2012; count 2.)
As to count 1, the jury found true allegations Norton personally and intentionally discharged a firearm causing death (§ 12022.53, subd. (d)) (subdivision (d) firearm enhancement), and Norton and Carter were principals and at least one principal personally and intentionally discharged a firearm causing death (§ 12022.53, subd. (e)(1)) (subdivision (e)(1) firearm enhancement). The jury also found true allegations Norton committed the offenses in counts 1 and 2 and Carter committed the offense in count 1 for the benefit of, or at the direction of, or in association with a criminal street gang with the specific intent to promote, further, or assist in any criminal conduct by gang members (§ 186.22, subd. (b)) (gang benefit enhancement). The trial court additionally found true allegations Norton had two prior strike convictions (§§ 667, subds. (b)-(i), 1170.12) and one prior prison conviction (§ 667.5, subd. (b)).
The trial court sentenced Carter to a determinate term of three years in prison for count 3 followed by an indeterminate term of 25 years to life in prison for count 1, plus a consecutive term of 25 years to life for the subdivision (e)(1) firearm enhancement. The court stayed the gang benefit enhancement for count 1.
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