People v. Page CA3

BACKGROUND

A felony complaint deemed information charged defendant in count one with murder (Pen. Code,2 § 187, subd. (a)), alleged the special circumstance that the murder was perpetrated by means of discharging a firearm from a motor vehicle with the intent to inflict death (§ 190.2, subd. (a)(21)), and further alleged that, in committing the murder, defendant personally discharged a firearm causing the victim’s death (§ 12022.53, subd. (d)). Count two charged defendant with carrying a concealed firearm in a vehicle (§ 25400, subd. (a)(1)), but, during the trial, the trial court granted the prosecution’s motion to dismiss count two in the interest of justice. The Prosecution The Shooting and the Victim’s Death L.G.3 testified at trial against his will because, as he put it, he lived in a dangerous neighborhood, and “people get killed for being witnesses in crimes.” L.G. testified that he lived in an apartment complex on Traction Avenue. On January 1, 2020, he was with his girlfriend in his vehicle in the parking lot. The victim was in the parking lot with his young daughter and her mother. At some point, L.G. heard about six gunshots. He saw a Ford Expedition or Explorer, and…