Opinion
BACKGROUND
I. The first amended information charged Kemp with two counts of attempted murder, two counts of assault with a firearm, and one count each of negligent discharge of a firearm, possession of a firearm by a felon, criminal threats, and dissuading a witness. (§§ 664, 187, 245, subd. (a)(2), 246.3, 29800, subd. (a)(1), 422, 136.1, subd. (b)(2).) Each of these crimes was alleged to have occurred in 2019. The People also alleged that Kemp used a firearm in the attempted murders, among other enhancements. (§ 12022.53, subd. (b).) At the preliminary hearing, T.D., the mother of Kemp’s children, testified that someone broke a window in her apartment on the night of the shooting. She went outside to investigate with her cousin, J.B., and then heard about five shots fired. T.D. could not see who was shooting. She heard a woman scream, “Stop Jamal.” T.D. saw Kemp and an unknown woman get out of the car that was the source of the gunfire. The gunfire struck J.B. T.D. further testified that, on the night of the shooting, she did not know who fired the shots and she told officers that night that she did not know who had shot J.B. Later, T.D. told detectives that Kemp was the…