People v. Calhoun CA2/3

BACKGROUND

I. Evidence from Calhoun’s trial2

Calhoun and David Wilson robbed a restaurant operated by Rosalio and Estela Corona.3 Wilson pointed a gun at Rosalio and demanded money, which Rosalio gave to him. At Calhoun’s demand, Wilson gave the gun to Calhoun, who demanded more money and forced Rosalio into the kitchen at gunpoint, where a struggle over a butcher knife ensued. Calhoun twice shot at Rosalio and then at Estela, who had come into the kitchen during

1 All further statutory references are to the Penal Code.

Effective June 30, 2022, section 1170.95 was renumbered to section 1172.6, with no change in text. (Stats. 2022, ch. 58, § 10.) 2 We have granted the People’s request for judicial notice of the appellate record in People v. Calhoun (Nov. 21, 2006, B183242) [nonpub. opn.]. (Evid. Code, § 452, subd. (d).)

3 To avoid confusion, we refer to the Coronas by their first names.

2 the struggle. Calhoun also hit Rosalio on the head with the gun and threatened to kill him. Rosalio and Estela were not hit by the shots. People in a car parked across the street from the restaurant witnessed some of these events. One saw Calhoun and Rosalio fighting and Wilson go to help…