In re Wroten on Habeas Corpus CA2/2

FACTS AND PROCEDURAL HISTORY

I. Facts

We summarize pertinent facts from this division’s 2007 opinion affirming petitioner’s conviction. (People v. Wroten (Dec. 26, 2007, B188462) [nonpub. opn.].) On July 4, 2004, at approximately 9:30 p.m., Durand Sipple, a Black P-Stone (BPS) gang member, and another person were shot and killed on August Street, in BPS gang territory. Approximately one-half hour later, Darlene Coleman was in an alley outside her residence, near Degnan Boulevard and 43rd Street, in Los Angeles, when her neighbor, Derrick Darden, wearing a blue and white hat, pulled into the alley in his white car. The location was in the heart of the territory of the Rolling 40’s Crips gang, which had the gang color of blue and which was a rival of BPS. Neither Coleman nor Darden were gang members. Darden exited his car, stood two feet from Coleman and conversed with her.

1 Undesignated statutory references are to the Penal Code.

2 We previously denied, in October 2023, a similar petition.

2 They were still talking 15 minutes later when Coleman turned to leave. As she did, Darden saw two African-American men 12 to 15 feet away, approaching and shooting at them. Coleman…