People v. Johnson CA1/1

I.

FACTUAL AND PROCEDURAL

BACKGROUND

A. The Shooting The shooting occurred early on the morning of August 11, 2018, on International Boulevard in Oakland. The relevant stretch of International runs between High Street toward the west and 46th Avenue toward the east. A total of 10 rounds were fired, some of which hit the surviving victim, Leandro C., near the intersection of International and 46th. Another shot killed Chrystian Negrete Valdez (Valdez), who was hit while standing in front of La Frontera, a nightclub at the southwestern corner of International and 45th Avenue. The evidence tended to suggest that the shooter was aiming at Leandro C. and did not intend to shoot Valdez. 1. Eyewitness testimony Leandro C. testified that around 1:40 a.m., he was waiting for the bus on the southern sidewalk of International, near its intersection with 46th and

2 Bancroft Way.1 He noticed three “dark skinned” men approaching from the west on the opposite sidewalk. The men stopped across from him, near the northwest corner of International and 46th. About 10 minutes later, “a Latino person” approached from the east on International’s northern sidewalk. The man started crossing…