People v. Drummer CA6

I. BACKGROUND

The facts below are drawn primarily from the transcripts of Drummer’s 2014 trial, which were admitted at Drummer’s section 1172.6 evidentiary hearing.1 A. The Charges In September 2014, the Santa Clara County District Attorney filed a first amended information charging Drummer with six offenses related to a November 2012 home invasion in Monte Sereno in which Raveesh K. and his ex-wife Harinder K. were robbed and Raveesh was killed. Count 1 of the information charged that, on or about November 30, 2012, Drummer murdered Raveesh with malice aforethought (§ 187) and the special circumstance that this murder occurred during the commission of a robbery (§ 190.2, subd. (a)(17)). Count 2 charged robbery of an inhabited place while acting in

1 In the hearing, the parties submitted as Exhibit 1 a compilation containing volumes 2 through 11 of the trial transcripts, with certain portions redacted, and exhibits from the trial. On our own motion, we augment the record on appeal to include Exhibit 1. (See Cal. Rules of Court, rule 8.155(a)(1)(A); Stewart v. Preston Pipeline Inc. (2005) 134 Cal.App.4th 1565, 1570, fn. 3 [augmenting record on the court’s own motion to include…