Briscoe

BACKGROUND

In 1998 — when Briscoe was 21 years old — he and Shaun P. robbed an acquaintance, Ben P., in his home. Both Briscoe and Shaun P. had guns. During the robbery, Briscoe put Ben P.’s girlfriend in a headlock and pointed his gun at her head. There was a struggle over Shaun P.’s gun; Briscoe recovered the gun and repeatedly hit Ben P. in the head with it as Shaun P. pinned his legs. Ben P. eventually freed himself and ran out the front door with Briscoe on his back. He managed to take Briscoe’s gun as they

2 A Franklin hearing allows the parties to introduce evidence relevant

to an eventual section 3051 hearing. (In re Cook (2019) 7 Cal.5th 439, 458– 459.)

2 continued to struggle. In fear for his life, Ben P. started firing Briscoe’s gun and fatally shot Shaun P., who was nearby in the driveway.

I. Briscoe Is Convicted and Sentenced to Life Without Parole

The People charged Briscoe with first degree murder, robbery, and burglary and alleged he personally used a firearm in committing each offense. As a special circumstance, the People alleged Shaun P. was murdered during a robbery and burglary and Briscoe acted with reckless indifference to human life and was a major…