People v. Washington CA2/2

FACTS AND PROCEDURAL BACKGROUND

I. Facts2

A. The underlying crime In November 2014, defendant was a member of the 89 Family Swans street gang, which is affiliated with the Bloods street gang. Late on a Saturday night that month, he traveled to a housing complex in the territory of the rival Avalon Garden Crips street gang, knocked on the door of a random apartment, and asked the 20-year-old man who answered the door, “Where you from?”; when the man responded “Avalon,” defendant shot him in the chest and killed him. B. Prosecution, conviction and appeal In the operative information, the People charged defendant (and others) with murder (§ 187, subd. (a)), alleged that

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

We draw these facts from our prior, published appellate opinion affirming defendant’s convictions. (People v. Washington (2017) 15 Cal.App.5th 19 (B270506).)

2 defendant had personally discharged a firearm causing death or great bodily injury (§ 12022.53, subd. (d)), and alleged that the murder had been committed for the benefit of, at the direction of, or in association with a criminal street gang (§ 186.22,…