P. v. Gwin
Appellant Gevonte Gwin was charged with five counts arising from three separate incidents: count 1, discharge of a firearm with gross negligence on May 5, 2007 (Pen. Code § 246.3, subd. (a)) [1]; count 2, murder of Lashaun Menefee on September 2, 2007 (§ 187, subd. (a)); count 3, attempted murder of Darryl Penniman on October 14, 2007 (§ 664/187, subd. (a)); count 4, assault with a firearm on Penniman (§ 245, subd. (a)(2)); and count 5, discharge of a firearm with gross negligence on October 14, 2007 (§ 246.3, subd. (a)). The information included firearm allegations (§§ 12022.5, 12022.53, subds. (b), (d)) and criminal street gang allegations (§§ 186.22, subds. (b)(1)(A), (B), & (C)).
The jury found appellant guilty of counts 1, 2, and 3, and not guilty of counts 4 and 5. The jury found the murder of Menefee to be in the first degree and the attempted murder of Penniman to be willful, premeditated, and deliberate. The firearm and gang allegations were found to be true. The trial court sentenced appellant to 40 years to life on count 3, a consecutive term of 50 years to life on count 2, and a consecutive two-year term on count 1. This appeal followed.
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