P. v. Epperson CA5
Late one evening at a motel in Hanford, defendant Tavarie Epperson and two other men robbed victims Deonka Rainey and Rachel Taylor at gunpoint. One of the men shot Rainey in the leg during the incident and then fired again as Rainey fled.
Defendant was arrested several weeks later and charged with the attempted murder of Rainey (Pen. Code, §§ 664/187) (count 1), the robbery of Taylor (§ 211) (count 2), the attempted robbery of Rainey (§§ 664/211) (count 3) and burglary (§ 459) (count 4). The attempted murder was alleged to have been premeditated, willful and deliberate (§ 189), and sentence enhancement allegations for the personal use of a firearm were attached to counts 2 and 4 (§§ 12022.5, subd. (a), 12022.53, subd. (b)).
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