PEOPLE v. McDANIEL

No. S171393.

12 Cal.5th 97 (2021)

283 Cal. Rptr. 3d 32

THE PEOPLE, Plaintiff and Respondent, v. DON'TE LAMONT McDANIEL, Defendant and Appellant.

Supreme Court of California.

August 26, 2021.


Attorney(s) appearing for the Case

Michael J. Hersek and Mary K. McComb , State Public Defenders, under appointments by the Supreme Court, Peter R. Silten and Elias Batchelder , Deputy State Public Defenders, for Defendant and Appellant.

Molly O'Neal , Public Defender (Santa Clara), and Michael Ogul , Deputy Public Defender, for California Public Defenders Association and Santa Clara County Public Defender as Amici Curiae on behalf of Defendant and Appellant.

Phillips Black and John Mills for Hadar Aviram and Gerald Uelman as Amici Curiae on behalf of Defendant and Appellant.

Shilpi Agarwal , Summer Lacey and Brian W. Stull for American Civil Liberties Union, American Civil Liberties Union Foundation of Northern California, American Civil Liberties Union Foundation of Southern California and American Civil Liberties Union Foundation as Amici Curiae on behalf of Defendant and Appellant.

U.C. Berkeley School of Law, Elisabeth Semel and Erwin Chemerinsky for Governor Gavin Newsom as Amicus Curiae on behalf of Defendant and Appellant.

Keker, Van Nest & Peters, Steven A. Hirsch , Jo W. Golub and Jason George for Vicente Benavides Figueroa and Manuel Lopez as Amici Curiae on behalf of Defendant and Appellant.

Arnold & Porter Kaye Scholer and Steven L. Mayer for George Gascón; Natasha Minsker for Gil Garcetti; Diana Becton , District Attorney (Contra Costa), Chesa Boudin , District Attorney (San Francisco), Jeffrey F. Rosen , District Attorney (Santa Clara), and Tori Verber Salazar , District Attorney (San Joaquin), as Amici Curiae on behalf of Defendant and Appellant.

Kamala D. Harris , Xavier Becerra and Rob Bonta , Attorneys General, Gerald A. Engler and Lance E. Winters , Chief Assistant Attorneys General, James William Bilderback II , Assistant Attorney General, Dana M. Ali , Jaime L. Fuster and Kathy S. Pomerantz , Deputy Attorneys General, for Plaintiff and Respondent.

Kent S. Scheidegger and Kymberlee C. Stapleton for Criminal Justice Legal Foundation as Amicus Curiae on behalf of Plaintiff and Respondent.

Mark Zahner , Robert P. Brown , Chief Deputy District Attorney, and Philip P. Stemler , Deputy District Attorney, for California District Attorneys Association as Amicus Curiae on behalf of Plaintiff and Respondent.

Hogan Lovells US, Christopher J. Cox , Gurtej Singh , Rupinder K. Garcha , William M. Regan , Allison M. Wuertz , Daniel J. Petrokas and Peter W. Bautz for Janet C. Hoeffel, Rory K. Little, Emad H. Atiq and James Q. Whitman as Amici Curiae.


OPINION

Defendant Don'te Lamont McDaniel was convicted of two counts of first degree murder for the shootings of Annette Anderson and George Brooks, two counts of attempted murder for the shootings of Janice Williams and Debra Johnson, and possession of a firearm by a felon. (Pen. Code, §§ 187, subd. (a), 664...

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