People v. Henley CA2/2

BACKGROUND

I. Facts2

A. The shooting “On August 9, 2006, at 7:00 p.m., Arthur Spicer (Spicer) was on the north side of Cherry Avenue, between Ivy and California Avenues, in the City of Monrovia, when he saw a light gray or blue car driving down Cherry Avenue. The car drove across the center of the street, slowed down and stopped next to him. From 10 feet away, the passenger pointed a small, black, possibly .22-caliber gun at him. Spicer dropped to the ground and heard two gunshots. He then saw the car drive up the street at approximately five miles per hour, heard two more gunshots and saw a man fall down near the corner of Cherry and California Avenues. “At that time, Robert Graves, Jr., (Graves) was washing his car outside his residence at the corner of Cherry and California

All further statutory references are to the Penal Code unless otherwise indicated. Effective June 30, 2022, former section 1170.95 was renumbered section 1172.6, with no substantive change. (Stats. 2022, ch. 58, § 10.) For simplicity, we refer to the section by its new numbering. We provide these facts, drawn from our nonpublished opinion in defendant’s direct appeal from his conviction, for…