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People v. Myers12/17/1997
This case involves a drive-by shooting. Appellant and defendant Cartez Rodney Myers appeals from the judgment entered following a jury trial which resulted in his conviction of first degree murder and two counts of attempted murder. Appellant was sentenced to a prison term of 25 years to life, plus a consecutive life term, plus 12 years.
In the published portion of this opinion (Sections I, IIA, and III) we address appellant's contention that Penal Code section 654 bars the imposition of the Penal Code section 12022.55 enhancement on the first degree murder conviction.
In the unpublished portion of this opinion (Section IIB and IIC) we address appellant's contentions that (1) there was insufficient evidence to support the two attempted murder convictions; and (2) there was insufficient evidence to support the jury's finding on the Penal Code section 12022.55 enhancement. We affirm.
I.
A. FACTUAL AND PROCEDURAL BACKGROUND
1. Facts.
On September 8, 1995, appellant and Maurice Williams were on Wilmington Avenue in a black Chevrolet Beretta when "Greg" shot at them. Williams and appellant were members of the Palmer Block Crips. They believed Greg was a member of a rival gang, the Cedar Block Piru gang.
At approximately 6:30 p.m. that evening, appellant and Williams returned to the same neighborhood where the shooting had occurred. Williams drove the Beretta. Appellant, who was in the passenger seat, carried a loaded AK-47-type assault weapon.
At that time, Bernard Thomas had gone to visit his girlfriend, Bonija Fair, who lived at 634 Poplar Street, Compton. Accompanying Thomas was his friend, Garlon Robinson. Thomas and Robinson had driven in an Oldsmobile Cutlass to visit Fair. They parked the Cutlass on the south side of Poplar Street. Robinson stayed in the car, sitting in the front passenger seat. Thomas got out of the Cutlass and sat on the passenger side of its front hood. Fair saw Thomas and Robinson arrive; she walked toward them and stood near the Cutlass, facing Thomas. Fair stood about a foot away from Thomas.
Williams drove the Beretta by Thomas, Robinson and Fair. Appellant fired out of the passenger window four or five times towards Thomas, Robinson and Fair. Thomas was hit on his right side. Fair was struck in the right side of her back; she subsequently died from the wounds she received. Robinson, who had been leaning down, turning dials on the radio, was unhurt.
Compton Police Officer Jose Velasco and his partner Officer Robert Labarge were in the area. They heard gunshots and saw the Beretta, speeding. The Beretta's driver's wing window was shattered. Appellant and another black male were inside. As the Beretta raced away, it ran a stop sign, spun around and changed directions. Appellant threw an AK-47 style assault weapon out the passenger's window. The officers stopped, retrieved the weapon, and then continued to follow the Beretta.
Appellant and Williams exited the Beretta and ran. Williams was not located. With the assistance of a police helicopter, appellant was found under a van. Appellant resisted arrest; a number of officers forced appellant to the ground. Appellant continued to resist, kicking his feet and moving his arms. An officer hit appellant with a baton. Eventually, appellant was subdued and arrested.
While being escorted to the police car, appellant made a statement to Officer Velasco. Appellant admitted throwing the weapon out of the car, but stated he had not done the shooting. Appellant said that earlier in the evening, he and Maurice Williams had been involved in a confrontation with some Cedar Block Piru gang memb
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