People v. McKey CA4/2

FACTS

A. PRIOR OFFENSES

Defendant’s criminal history includes the following prior convictions: (1) June

19, 1998: residential burglary (§ 459), a felony (first strike), granted 36 months of

supervised probation with 270 days in jail; (2) October 22, 1999: battery (§ 242), a

misdemeanor, granted 24 months probation with 77 days in jail; (3) July 14, 2000:

(A) transporting or selling a controlled substance (Health & Saf. Code, § 11352, subd.

(a)), a felony, sentenced to prison for six years; (B) possessing cocaine base for sale

(Health & Saf. Code, 11351.5), a felony, given a stayed prison sentence of six years;

and (C) driving without a license (Veh. Code, § 12500, subd. (a)), a misdemeanor,

sentenced to jail for 120 days; (4) September 25, 2006: shooting at an occupied motor

vehicle (§ 246), a felony (second strike), sentenced to prison for eight years; and

(5) October 17, 2014: false imprisonment (§ 236), a felony, sentenced to 32 months in

prison.

B. CURRENT OFFENSE

On the evening of October 22, 2019, at 6:23:45, Trenton Jacobs (the victim)

parked his vehicle in front of a liquor store. A few seconds later, he walked into the

store. Defendant walked by the…