Xiong

FACTS

Very early in the morning of March 10, 2009, three taxis were lined up outside the bus station in Fresno, waiting for potential customers. A bus was expected to arrive at 1:45 a.m. Enrique was the driver of the first taxi, and José was the driver of the third taxi, a 1999 Ford Crown Victoria. At about 1:00 a.m., Enrique saw José go into the bus station to use the restroom. When José came back out of the station, they greeted each other, and José went back to his taxi. After José got into his taxi, Enrique noticed in his side mirrors that a man walked up to José‟s taxi and spoke to him. Enrique could not see the man‟s face. Enrique watched with interest because he was first in the taxi line and should have gotten the next customer. Enrique saw the man get into José‟s taxi. José pulled away, made a U-turn, and drove north. It was between 1:15 and 1:20 a.m. At about 1:30 a.m., a woman and her father were driving east on Kearney Boulevard when they saw a taxi on the side of the road. The taxi was on the north side of Kearney Boulevard, west of Hughes Avenue. The taxi was pointed in the wrong direction. It was very dark, and the woman was not sure if the taxi had hit a tree or…