People v. Howard CA4/2

FACTS

A. MURDER

Mitchell Funches (Funches) visited a neighborhood of San Bernardino known as

Delman Heights because his grandparents lived there. One of defendant’s friends in

Delman Heights was Cedric Torrence (Torrence). Torrence met Funches in

approximately 1985 and met defendant in approximately 1992, when defendant was

paroled after serving a sentence for an assault with a deadly weapon conviction.

During the early evening of December 6, 1992, defendant and Torrence went to a

house in Delman Heights where people from the neighborhood often gathered and spent

time (the house). While at the house, defendant drank alcohol and smoked marijuana.

Funches arrived at the house, and he too drank alcohol and smoked marijuana. Funches

and defendant spoke, apart from the group, about conducting a robbery or carjacking;

1 All subsequent statutory references will be to the Penal Code unless otherwise indicated.

2 The People’s April 23, 2024, request for judicial notice is granted.

2 however, defendant did most of the talking. Funches agreed to go along with defendant.

Torrence overheard defendant and warned “them they could get caught.” “[Defendant]

said he couldn’t get…