People v. Cunningham CA3

BACKGROUND FACTS AND PROCEDURE2

In July 2003, A.T. 3 and his cousin went to a liquor store in the cousin’s truck. When they left the store, two juvenile males approached the vehicle. One of them, identified as defendant, punched A.T. through the open window. The truck made a U-turn and pulled into a convenience store. A.T. and his cousin got out and began arguing with a group of juveniles. His cousin got a pole used for window washing from the truck and swung it at the juveniles, who moved back. A.T. and his cousin then got back in the truck to leave. Defendant approached the truck with a gun in his hand and fired two or three times, hitting A.T. in the chest. He died that evening from a gunshot wound to the chest.4 In 2004, the prosecution filed an information charging defendant with the murder of A.T. (§ 187, subd. (a); count one). The information included allegations based on firearm use, discharge, and discharge causing great bodily injury (§§ 12022.53, subds. (b), (c), (d)).

The People request that we take judicial notice of the record in defendant’s direct appeal of his conviction. We conclude the appropriate procedure is for this court to incorporate by reference…