People v. Evans CA2/2

FACTS AND PROCEDURAL BACKGROUND

I. Facts

A. The underlying crime Defendant, his wife, and Antonio Barnes (Barnes) had known each other for decades, and defendant’s wife and Barnes had an on-again, off-again romantic relationship. Defendant and Barnes grew up together and had both belonged to the same gang, the Bounty Hunter Bloods. On the municipal election day in March 2013, defendant took his wife to the polling place where she and Barnes were to work that day and waited for Barnes to show up. When Barnes arrived, defendant greeted him by saying, “what’s up, player, player” and invited him to “step outside.” Mere seconds after Barnes followed defendant out the door, a gun was fired three times. Moments later, Barnes stumbled back through the door,

All further statutory references are to the Penal Code unless otherwise indicated. Effective June 30, 2022, section 1170.95 was renumbered section 1172.6, with no change in text (Stats. 2022, ch. 58, § 10). We therefore refer to the law formerly codified at section 1170.95 as section 1172.6.

2 bleeding profusely and crying out for help. He said the shooter was his “girl’s old man” and that he should not have been…