People v. Duncan CA3

BACKGROUND

The victim testified at the preliminary hearing on February 7, 2023. He said he was without permanent housing and had been living in downtown Sacramento near X Street. Codefendant Develle Oneal Thomas was known to him.1 Thomas was the victim’s drug dealer and lived in a tent on X Street. On the day of the assault, the victim met with Thomas and defendant. Thomas argued with the victim and slapped his face. After the argument, the victim sent a woman to obtain fentanyl from Thomas. When Thomas learned that the woman had been sent by the victim, he went with defendant to talk with the victim. During a fight between the three men, defendant and Thomas hit the victim on the head, rendering him unconscious. While he was unconscious, the victim was stabbed. The victim told responding officers that Thomas had stabbed him. On cross-examination, the victim admitted he had been hit on his sides, he had not seen a knife, but when he returned to consciousness he had stab wounds where defendant and Thomas had hit him. At the conclusion of the victim’s preliminary hearing testimony, the trial court ordered the victim to return to court on April 3, 2023, to testify at trial. The…