P.

FACTS AND PROCEDURAL HISTORY

Of the 16 witnesses who testified at defendant‟s trial, only one witness, Robert Green, identified defendant as a participant in the killing. The following sequence of events is derived from his testimony.

Green’s testimony regarding the April 15, 2011, shooting

In the early morning hours of April 15, 2011—between 3:30 and 3:45 a.m.— Green and Pat Smith (Smith)2 arrived at an apartment building at 1406 77th Avenue in Oakland “to buy drugs.” Green testified that he had previously accompanied Smith when

2 Three persons named Smith were involved in the facts of this case. None are related.

2 he bought drugs from defendant at this same location, the first time a week or two before the incident. On that occasion, Green stated, he clearly observed defendant‟s face and heard his voice. Green had also seen defendant driving around the neighborhood in a grey sedan. On the occasion in question, Green testified that he and Smith arrived at the apartment building in a red Volkswagen Jetta driven by Smith. Green stayed in the car while Smith went inside to buy the drugs. A few minutes later, Green saw a man, later identified as the victim, Dawonye Taylor, exit…