People v. Matthews CA2/3

I. Facts

We refer to the factual background from the Court of Appeal opinion affirming the judgment of conviction. (People v. Matthews (Dec. 16, 1991, B041328) [nonpub. opn.].) These facts are “for background purposes and to provide context for the parties’ arguments.” (People v. Flores (2022) 76 Cal.App.5th 974, 978, fn. 2.) We do not rely on these facts to review the trial court’s determination for Matthews’s prima facie showing. (Id. at p. 988.) A. Ann Trunnell’s Testimony On March 1, 1985, Ann Trunnell spent the afternoon and evening with Elbert Robinson, Jr. They bought and smoked rock cocaine. They first used Trunnell’s AFDC check and money from selling her stereo to buy the rock cocaine. Later, Robinson went to buy more rock cocaine with his associates, Mitchell and “Ant.” They went to a “rock house” at the Imperial Courts housing project, where Robinson bought more drugs with Ant’s money. Robinson, Trunnell, Mitchell, and Ant went to a friend’s apartment to smoke the rock cocaine.

All further statutory references are to the Penal Code. Effective June 30, 2022, section 1170.95 was renumbered section 1172.6 with no change in text. (Stats. 2022, ch. 58, §…