People v. Washington CA2/5

FACTS AND PROCEDURAL BACKGROUND

I. Facts3

A. The underlying crime In the early morning hours of August 11, 1975, defendant

All further statutory references are to the Penal Code unless otherwise indicated.

Effective June 30, 2022, section 1170.95 was renumbered section 1172.6, with no change in text. (Stats. 2022, ch. 58, § 10.) We therefore refer to the law formerly codified at section 1170.95 as section 1172.6.

We granted the People’s request for judicial notice of the preliminary hearing transcript from the record of conviction in Los Angeles County Superior Court case number A609715 as well as the transcripts and opinion from the direct appeal of defendant’s conviction. (See Evid. Code, §§ 452, 459; Cal. Rules of Court, rule 8.252(a).) We summarize procedural and evidentiary facts from those documents.

2 and another man, Alfred Laws (Laws) walked into a liquor store in Carson, California. Defendant pulled out a pistol, announced “This is a holdup,” and ordered the manager and clerk to the store’s back room. The manager handed defendant a brown paper bag containing $3,000 and told him that was all the money. Defendant shot the manager once in the…