People v. Howard CA2/3

BACKGROUND

I. The robbery and murder

Howard and Singleton were tried together before separate juries. Others involved in the crime (Claudell Hatter, Rollin Denem, Thomas Bridges, and Wardell Joe) were tried together in a separate proceeding. Based on our review of the trial transcripts, we find the opinion affirming Howard’s judgment of conviction on direct appeal (People v. Howard (June 1, 2007, B186175) [nonpub. opn.]) to be an accurate summary of evidence admitted at Singleton and Howard’s joint trial. We therefore quote its recitation of the background, with additions noted in brackets. (§ 1172.6, subd. (d)(3); see People v. Lewis (2021) 11 Cal.5th 952, 972 [appellate opinion generally part of record of conviction in § 1172.6 proceedings].) We have taken judicial notice of the clerk’s and reporter’s transcripts from that case. (Evid. Code, § 452, subd. (d).) “1. Prosecution evidence. “a. The Big Saver robbery. “On November 3, 1998, [in the late morning,] defendant Howard along with Claudell Hatter, Jesse Singleton, Rollin Denem, Wardell Joe, Tiasha Croslin and Thomas Bridges robbed a Big Saver Foods Market (‘Big Saver’) in Los Angeles.2 Howard, Hatter, Singleton, Denem…