People v. Davis CA2/6

Facts People’s Evidence Anthony Bolden told appellant that he “knew somebody who has some stuff he can rob.” Appellant “said yeah, he’ll do it,” but he needed a gun to commit the robbery. Johrod “Baby Lane” Ying agreed to provide a handgun. On January 17, 2020, appellant, Bolden, and Ying went to William Jones’s house for the purpose of committing the robbery.

2 Jones said he knew of a house where “there’s money, guns, and drugs.” Jones drove appellant, Bolden, and Ying to the house. Jones “pointed to the side of the house, and he said, it’s the first window on the left side.” Appellant “asked [Ying] for the gun, and . . . [Ying] said be careful, it’s ready.” Appellant took the gun and got out of the vehicle. Julian Guerrero was asleep inside the house when appellant entered his bedroom through a window. Appellant pointed a handgun at Guerrero and asked, “Where’s the stuff at?” Guerrero understood “stuff” to mean drugs. Appellant “screamed, ‘I’m going to shoot you.’” Guerrero tried to grab the gun. Appellant “started swinging [the gun], trying to pistol-whip” Guerrero. Appellant fired a single shot into the wall. It appeared to Guerrero that the firing was “accidental.” Guerrero…