People v. Smith CA4/3

FACTS

I.

THE UNDERLYING INCIDENT

In February 2006, defendant, Stephen Bennett, Brandon Turner, and Turner’s younger brother, Deshawn Turner, were at Reuben Avery’s home in Oceanside. They talked about having no money. At one point, defendant said he wanted to get drugs and asked Bennett where they could get some. Bennett called a drug dealer in Irvine and ordered cocaine. They planned to rob the drug dealer. Avery refused to participate, but defendant, Bennett, and the Turner brothers left Avery’s house. Later that evening, the drug dealer was shot and killed outside of his apartment in Irvine. One witness heard two shots and then observed two “dark skinned” men running. One man was chasing the other and was shooting a gun. The man who was being chased yelled for security and fell to the ground. The witness told his wife to call the police and then observed the shooter walking away with another man who the witness described as shorter and thinner than the shooter. According to another witness, two slender men were running with one in the front and the second close behind. The witness also observed a third man who appeared to be catching his breath after running. The third man…