People v. Dunlap CA4/3

FACTS

The Orange County District Attorney charged Dunlap with the murder of John Nondorf, Jr. (Pen. Code, § 187, subd. (a); count 1)1 and shooting at an inhabited dwelling house (§ 246; count 2). The information included firearms enhancement allegations. According to the evidence at trial, Dunlap and a group of friends gathered at a motel, where Nondorf and his fiancée were staying. At some point, Nondorf saw Dunlap near Nondorf’s car, near his room, and a heated exchange followed. Nondorf retrieved a baseball bat from his room. In response, a member of Dunlap’s group handed Dunlap a gun. Seeing the gun, Nondorf retreated to his doorway and continued arguing while his fiancée tried to call the police. Dunlap’s group pressed forward and confronted Nondorf at the threshold. One member briefly entered the room before Dunlap pulled her out; another tried to wrestle away Nondorf’s bat, while someone reached inside to punch him. Dunlap then raised the gun and fired four times. Two bullets struck Nondorf, killing him: one bullet exited the back of his head and another lodged in his lower back. Two bullets struck inside the room—one

1 Statutory references are to this code.

2 passing…