Hill

BACKGROUND

As we briefly described the facts of the underlying offenses in our previous opinion on direct appeal: “In April of 2014, defendant Donald Hill was standing with a group of men [including Travon Wayfer and Darren McFadden] near the mailboxes outside his apartment complex when he allegedly handed a gun to Timothy Mitchell. Shortly thereafter Mitchell, together with Danny Jeffreys, walked behind a fence and opened fire on another group of men across the street [including Lamont Harris]. Tereaun Berry was killed, and his brother Trent was injured.” (People v. Hill (Aug. 22, 2018, A149469) [nonpub. opn.], pp.1–2 (Hill).) “By information filed September 15, 2014, the Solano County District Attorney charged Hill, McFadden, Wayfer, and Jeffreys with one count of murder for the death of Tereaun Berry (count 1) (Pen. Code, § 187(a)), and one count of attempted murder for the shooting of Trent Berry (count 2) (Pen. Code[1], §§ 664/187(a)).[2] Jeffreys and McFadden were tried together between November 17, 2014 and December 17 of 2014, and were found guilty of

1 Further undesignated statutory references are to the Penal Code.

2 “At the time the information was filed, Mitchell…