P. v. Downs
A jury convicted defendant and appellant Desmone Downs of first degree murder (count 1—Pen. Code § 187, subd. (a))[1] and active participation in a criminal street gang (count 2—§ 186.22, subd. (a)). The jury additionally found true allegations that in defendant’s commission of the count 1 offense he personally used a handgun (§ 12022.53, subd. (b)); personally and intentionally discharged a handgun (§ 12022.53, subd. (c)); personally and intentionally discharged a handgun causing great bodily injury and death (§ 12022.53, subd. (d)); and did so for the benefit of, at the direction of, or in association with a criminal street gang (§ 186.22, subd. (b)). The trial court sentenced defendant to an indeterminate term of incarceration of 50 years to life.
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