P.

BACKGROUND

An information filed March 1, 2012 charged Pitts with one count of attempted willful, deliberate, and premeditated murder, in violation of Penal Code1 sections 665 and 187, subdivision (a), and one count of second degree robbery, in violation of section 211. As to both counts, the information alleged that Pitts personally and intentionally discharged a handgun which caused great bodily injury, within the meaning of section 12022.53, subdivisions (b) through (d), and that Pitts personally inflicted great bodily injury within the meaning of section 12022.7, subdivision (a). The information also charged that Pitts had four prior felony convictions and was ineligible for probation under section 1203, subdivision (e)(4). Pitts pleaded not guilty and denied the allegations. At trial, in opening statement, the defense argued that Pitts’s cousin “Anna” shot and robbed the victim, not Pitts, and that Pitts confessed to the crime to protect Anna. The victim, Rosario Schwartz, testified that she was walking on a brightly lit 3rd Street near Kings Road at around 11:20 p.m. on June 29, 2009. A girl came running up behind Schwartz, grabbed her purse (which was on her shoulder), and…