The People v. Trulove CA1/2

BACKGROUND

In June 2009, the San Francisco County District Attorney filed a two-count information against defendant charging him with the willful, deliberate, and premeditated murder of Seu V. Kuka in violation of section 187, subdivision (a), accompanied by an enhancement allegation that he personally and intentionally discharged a firearm causing great bodily injury and death within the meaning of section 12022.53, subdivision (d), and with possession of a firearm by a felon in violation of section 12021, subdivision (a)(1). A jury trial commenced in January 2010.

1 All statutory references herein are to the Penal Code unless otherwise stated.

2 The Prosecution’s Case Police Discover the Body of Seu V. Kuka Evidence presented at trial indicated that on July 23, 2007, approximately 10:49 p.m., San Francisco police officers heard gunshots from the area of the Sunnydale Housing Project (Sunnydale). They received a dispatch that shots had been fired on Blythedale Avenue in Sunnydale, and arrived at the scene at 10:51 p.m. They were waved down by people in the area and found the body of a man lying on the ground. The pulseless body, dressed in jeans, shirtless, with a jacket lying…