The People v. Smith CA1/5

I. FACTS AND PROCEDURAL HISTORY

By information, Smith was charged with attempted murder in count one (Pen. Code, §§ 664, 187, subd. (a)), assault with a firearm in count two (§ 245,

1 subd. (a)(2)), shooting at an inhabited dwelling in count three (§ 246), and child abuse (endangerment) in count four (§ 273a, subd. (a)).1 As to the count one attempted murder charge, it was alleged that Smith personally used and discharged a firearm. (§§ 12022.5, 12022.53, subds. (b), (c), (g).) As to other counts, it was alleged that Smith personally used a firearm. (§ 12022.5, subd. (a)). It was further alleged that Smith had prior serious felony convictions for sentencing purposes. (§§ 1170.12, 667, subd. (a)). A. Evidence at Trial On September 15, 2011, victim Krystal L. was at home with her eight-year-old son in a one-bedroom condominium she rented in San Leandro. Her unit, number 203, was located on the second floor of the condominium complex. Entry into the complex required an access code or key. Appellant Smith knew the access code. The front door to Krystal L.‟s unit was equipped with a deadbolt and a lock on the door handle. The door opened into her hallway, which ended at a closet…