People v. Knight CA1/1

I. FACTUAL AND PROCEDURAL BACKGROUND

In 2019, when defendant was 22 years old, he was crossing the street with his friend D.H. Michael Sadberry drove his car near D.H. in the crosswalk, and D.H. yelled that Sadberry almost hit him. Sadberry exited his car and began punching D.H. D.H. fought back and yelled for help. As the fight continued and Sadberry held D.H.’s sweatshirt, defendant fired a shot at Sadberry. The shot hit Sadberry in the neck, killing him.

1 Undesignated statutory references are to the Penal Code. The Alameda County District Attorney filed an information charging defendant with murder (§ 187, subd. (a)) and unlawful possession of a firearm by a felon (§ 29800, subd. (a)(1)). The information further alleged as to the murder charge that defendant had personally and intentionally discharged a firearm causing great bodily injury or death. (§ 12022.53, subds. (a), (b), (c), (d).) The prosecution dismissed this enhancement prior to trial. The information alleged defendant was ineligible for probation because he committed the offenses while on felony probation. (§ 1203, subd. (k).) The information identified a February 2016 conviction under section 25850 as the felony…