People v. Simms CA3

BACKGROUND

An amended information filed in 1993 charged Simms and codefendant Damian Mitchell with the murder of R.J. (§ 187, subd. (a); count one). It alleged that Mitchell personally used a 12-gauge shotgun (§ 12022.5, subd. (a)) and that Simms was a principal in the offense in which one or more principals was armed with a firearm (§ 12022, subd. (a)). The information further alleged that Simms assaulted R.J. with a 12-gauge shotgun (§ 245, subd. (a)(2); count two) and that Simms personally used the firearm in the assault (§ 12022.5, subd. (a).) The facts of the underlying offense are described in our prior appellate opinions, which we cite only to summarize the background of this case. (People v. Simms (Mar. 10, 2022, C092723) [nonpub. opn.]; People v. Simms (Feb. 9, 1996, C017594) [nonpub. opn.].) R.J. and Simms were involved in a dispute. Simms paged Mitchell and entered the codes “911” for emergency and “187” for murder. Simms took a 12-gauge shotgun from the trunk of his car and waited for Mitchell to arrive. Simms pumped and primed the weapon to verify that it was loaded. When Mitchell arrived, he asked, “ ‘ “[W]ho’s [R.J.]?” ’ ” Simms and R.J. began arguing again, and…