People v. Smith CA4/2

BACKGROUND

In 2016, the People charged Smith with the attempted murder of Jane Doe. At

Smith’s preliminary hearing, Doe provided the following testimony.1 On May 7, 2016,

Doe was walking to the grocery store with her and Smith’s three-month-old child when

Smith pulled up alongside her and offered her a ride. Doe accepted and got into the back

seat with the baby. On the way back from the store, instead of taking Doe home, Smith

drove to a remote location and demanded that Doe have sex with him. When she refused,

Smith pulled out a gun and shot her six times. The bullets struck her in the head, neck,

and hands. With Doe bleeding in the back seat, Smith drove to a liquor store, returned to

the car with alcohol, and continued to drive, telling Doe, “We going to die. I’m sorry. I

“Facts taken from the preliminary hearing transcript are provided for background purposes and to provide context for the parties’ arguments. . . . [W]e take no position on whether this testimony from the preliminary hearing is admissible to determine [Smith’s] eligibility for resentencing.” (People v. Flores (2022) 76 Cal.App.5th 974, 978, fn. 2 (Flores).)

2 have to do it. We going to die.”…