People v. Traylor CA3

FACTS AND HISTORY OF THE PROCEEDINGS

The events that gave rise to defendant’s convictions are summarized in People v. Traylor (Nov. 16, 1994, C015984) (nonpub. opn.) (Traylor I). We treat the People’s request for judicial notice of our prior opinion in Traylor I, supra, C015984, as a motion to incorporate the opinion by reference and grant the motion. Although we do not rely on the factual summary in Traylor to conduct our review, we recount some background facts to provide context.

A. Charges and Trial

In July 1992, the People charged defendant with murder (§ 187). The People alleged defendant was armed with a firearm (§ 12022, subd. (a)) and personally used a firearm during the commission of his crime (§ 12022.5, subd. (a)). The People also alleged defendant served prior prison terms (§ 667.5, subd. (b)). At trial, the prosecution presented evidence that in the early morning hours of January 25, 1992, defendant and M. Robinson were drinking alcohol in C. Robinson’s apartment. (Traylor I, supra, C015984.) M. Robinson began taunting defendant about his clothes and hair; defendant appeared angry and upset. (Ibid.) By 3:30 a.m., M. Robinson was tired and wanted to leave.…