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Facts At approximately 1:54 a.m. on February 8, 2008, Surinder Kumar, a night clerk at a 7-Eleven in Vallejo, was shot and killed during the course of a robbery. Video surveillance of the robbery showed two assailants entering the store. The faces of the assailants were not visible on the video. The first assailant, who was the same height as Whitmire, approached the cash register and pointed a gun at Kumar. The gun was a distinctive chrome or stainless steel handgun with a long, narrow barrel, and was clearly visible on the video. The first assailant, who was not wearing gloves, was holding a plastic grocery bag in his left hand. He dropped the bag on the floor during the course of the robbery. The first assailant shot Kumar, who fell to the floor. Kumar was shot twice and died of his injuries. The assailants took approximately five cartons of Newport cigarettes and $80 in cash from the store. They left behind the plastic bag the first assailant had dropped on the floor. Four days after the murder, a deputy sheriff on patrol in Vallejo stopped a vehicle that had expired registration tags. Joshua Lewis was driving the vehicle. Whitmire was sitting in the front passenger seat.…