People v. Anderson CA5

FACTS

We include below the recitation of facts from our prior appellate opinion for context. “Attempted Robbery Count “Evidence at trial established that on March 20, 2016, two young black males were standing outside a black car in the parking lot of Northeast Assembly of God Church. They were speaking with someone inside the car. The two men began running across the parking lot when one of them turned and fired several shots at the car; the car sped away. A man driving by the church saw the shots being fired and called 911.

1 All further undesignated statutory references are to the Penal Code unless otherwise stated. 2 Respondent has requested that the record in that case be made part of the record in the present case. We grant the request.

2. “The pastor of the church also heard the shots. Looking outside his window, he saw two men running across the parking lot. He thought both men were holding guns; one holding a gun in his left hand. He clearly saw one man with his arm extended, firing. The pastor also called 911. It was established at trial that Anderson is left handed. “A state correctional officer standing in front of his home near the church also heard the shots, then…