People v. Ahmad CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. The Crimes3 Ahmad and Shalisha Wiggins had a two-year relationship that resulted in the birth of their child, W., in 1988. As of May 5, 2005, Wiggins was living with her boyfriend, Richard Garza, W., and her three other children in an apartment. That morning, at around 3:00 a.m., Wiggins and Garza were awakened by loud noises that sounded like someone was kicking the front door. Wiggins opened her bedroom door and saw that the front door was ajar and a man, Ahmad, was walking toward her. Ahmad was wearing sunglasses, gloves, and a durag to cover his identity. She noticed he was holding a gun turned sideways. Ahmad began shooting at Wiggins and Garza, who was standing behind her in the bedroom. The first shot hit Wiggins in the chest, just two inches from her heart. She sustained three more gunshot wounds to her hand and shoulder area. Garza was shot 11 times and died from multiple wounds. Ahmad fled. In 2007, a jury convicted Ahmad of murder (§ 187, subd. (a); count 1), assault with a semi-automatic firearm (§ 245, subd. (b); count 2), and possession of a firearm by a felon (§ 12021.1, subd. (a); count 3). As to count 1, the jury found true…