People v. Stevenson CA5

BACKGROUND

On this court’s own motion, we take judicial notice of our prior opinion in Stevenson I, supra, F081656 pursuant to Evidence Code sections 452, subdivision (d) and 459. We adopt relevant portions of the procedural and factual summary from this prior opinion:

All further statutory references are to the Penal Code, unless otherwise specified.

2. “In April 2002, defendant drove John Shepheard to a location where Shepheard immediately engaged in a fight with Burnest Williams. After watching the fight for a while, defendant retrieved a handgun from a truck and pointed it at the head of K.R. K.R. alerted Williams that defendant had a gun. The fighting stopped, and Shepheard told defendant to put the gun down as he only wanted to fist fight. After defendant returned the gun to the truck, Williams started to fight with defendant. At this point, Shepheard retrieved the gun from the truck and fired two shots into the air, telling the crowd to ‘back up.’ Defendant and Shepheard then returned to the truck. As soon as defendant started the truck, he turned it around, jumped a curb, and started driving toward Williams and K.R. While K.R. was hit, he was able to run away.…