People v. Brock CA4/2

BACKGROUND

At the evidentiary hearing, the court adopted the facts from our previous opinion

(Brock I, supra, E077983) without objection by either party, and both parties rely on it on

appeal. We therefore recite the facts from pages 3 through 6 of that opinion, which

includes a summary of the first evidentiary hearing, with additions related to the

evidentiary hearing on remand.

“On the date of the killing, defendant and his three companions (Alexander Sanns,

Dwayne Peirfax, and David Ortiz) met at Peirfax’s house, and discussed how they were

bored and decided to drive to Las Vegas, but first they would need to steal a car.

Defendant went home and got his gear—dark clothing, a dark hat, jacket and gloves—

prior to the planned theft. He also brought a roll of duct tape to tie up any victim. They

went to an apartment complex to steal a car. They went to the parking lot of the complex

waiting for a prospective victim to show up so they could steal his or her car.

“Victim Robert Chen drove up in a vehicle, and, as he exited the car, he was

approached by defendant and Sanns. Sanns had his hand on a large caliber gun in his

3 pocket, which he drew out as they approached…