People v. Fitzhugh CA3

Facts Relevant to the Conviction We take the underlying facts from the unpublished opinion we issued in 2018 affirming Fitzhugh’s convictions in People v. Barnes (Nov. 30, 2018, C073287) (Barnes).2 “A. The Shooting “On November 18, 2009, Britani lived with her boyfriend, Evan, in her parents’ garage in Acampo. The garage had been converted into a one-bedroom apartment. That night at around 8:00 or 8:30 p.m., Britani and Evan went to Lodi to purchase fast food. It was a seven- to ten-minute drive. Britani drove. When they returned home, she parked in the driveway. It was very dark. Britani and Evan walked to their front door side by

We provide this summary of facts from the prior opinion in Fitzhugh’s direct appeal for context. In analyzing the issues, we rely upon the trial transcript, admitted at the People’s request and relied upon by the parties during the evidentiary hearing. (§ 1172.6, subd. (d)(3).) We also separately granted Fitzhugh’s request to incorporate the appellate record in Barnes, supra, C073287 into the record for the present appeal.

2 side. When Evan went to put the keys in the door, a man turned the corner raising a gun at Evan. Britani screamed and…