People v. Turner CA4/3

STATEMENT OF FACTS

I.

EVIDENCE FROM THE UNDERLYING TRIAL

A. Testimony from Reuben Avery and Other Witnesses In February 2006, defendant, his younger brother, Stephen Bennett, and Bernard Smith were at Reuben Avery’s home in Oceanside. At one point, Smith said he wanted to get drugs and asked Bennett where they could get some. Bennett then called the victim who was a drug dealer in Irvine. Defendant, his brother, Bennett, and Smith left Avery’s house, but Avery refused to go with them. Later that evening, the victim was shot and killed outside his apartment in Irvine. One witness saw a man yelling and being chased by two others. He heard the second chaser, who was a “heavyset” man, say: “‘Get him. Get him. Get him.’” According to another witness, three black men were running. The second man was shooting at the first man, and a third man was yelling and running in the same direction. The witness testified the last man running was taller than the other two men.

3 The parties note the testimony from defendant’s original trial was presented in the form of an exhibit at the section 1172.6 hearing. Defendant attempted to transfer the exhibit to this court, but the trial court…