People v. Liccardo CA1/2

BACKGROUND

The Prosecution’s Case On April 3, 2022, a shooting occurred near the Alice Chalmers Playground in San Francisco. Brandon Cheese (Brandon) and Kiernan Carlson (Kiernan) were killed, and two others were injured. The police believed the shooting was gang related and some of the victims were members or affiliates of the Excelsior Mob criminal street gang. On April 6, there was a memorial at the playground. Uniformed police officers were “assigned to a fixed post” at the playground, meaning a patrol

1 unit would “stay at a particular location for a certain amount of time . . . typically to have a well-known police presence.” Officers testified they did not witness any violence during their fixed post shifts at the playground that day. Officers ran the license plates of vehicles parked near the playground and identified a burgundy Honda as registered to defendant. Because defendant was on probation with a search condition, officers searched his car, where they found a firearm in the glove compartment. The firearm was a functional nine-millimeter semiautomatic firearm with a magazine containing 10 cartridges. The parties stipulated that defendant had a prior felony…