People v. Harrison CA1/3

facts have been set forth in our prior opinions, which we incorporate by reference. (People v. Harrison (Jun. 20, 1996, A067929) [nonpub. opn.]

1 All statutory references are to the Penal Code. (Harrison I); People v. Harrison (Mar. 29, 2022, A160852) [nonpub. opn] (Harrison II).) We will only discuss the facts relevant to the issue before us. Ramon Morales (Morales) and two companions (Jose M. and Jesus M.) were standing in front of a laundromat in East Palo Alto, waiting for a friend. Harrison and two other men walked up. Harrison wore a ski cap, he and one of the other men carried pistols, and they asked Jesus for money. When the victims did not comply, the robbers demanded the money, threatening to kill them. Harrison and the other armed man pointed their pistols at the victims from a distance of about six or eight feet. (Harrison II, supra, A160852.) Despite the victims giving Harrison and the other robbers their money and jackets, the other armed robber said “ ‘ “let’s kill the Mexicans,” ’ ” or words to that effect; Harrison said, “ ‘ “[Goodbye] Mexicans.” ’ ” Both men began shooting. Harrison shot Jesus and Jose. Jesus thought the other gunman shot Morales, though he did…