People v. Arias CA2/5

FACTS AND PROCEDURAL BACKGROUND

I. Facts

A. The underlying crime3 On October 26, 1993, defendant entered a residence in Long Beach carrying a .9 millimeter handgun. Defendant asked

All further statutory references are to the Penal Code unless otherwise indicated.

Effective June 30, 2022, section 1170.95 was renumbered section 1172.6, with no change in text (Stats. 2022, ch. 58, § 10). We therefore refer to the law formerly codified at section 1170.95 as section 1172.6.

Our recitation of the facts is taken from defendant’s preliminary hearing conducted on November 17, 1993.

2 the occupants of the residence who was in the back bedroom; when the occupants informed him that the victim and his girlfriend were in the bedroom, defendant approached the bedroom, drew his gun, and chambered a round. The other occupants hid in a bathroom. Defendant entered the back bedroom and found the victim standing against a wall and the victim’s girlfriend sleeping. Defendant spoke to the victim and asked him to return something of the defendant’s. Following a brief exchange, defendant shot the victim twice, once in the stomach and once in the chest, killing him. Defendant…