People v. Whatley CA3

I. BACKGROUND

At the section 1172.6 evidentiary hearing, the parties relied on the original trial record and neither party presented new evidence. A. The Evidence at Trial In July 2008, Adrienne W. reported that two Black men in a green Jeep Cherokee drove past her house and the passenger pointed a gun or rifle at her. Police pulled over defendant and Lewis in defendant’s green Jeep Cherokee, and Adrienne positively identified Lewis as the passenger with the gun and defendant as the driver. A rifle, a magazine, and two .9 millimeter shell casings were located under the driver’s side backseat of defendant’s car. Three months later, on October 16, 2008, Margarito L. returned to his home around 10:45 p.m. He saw a car drive past his house and turn into an adjacent alleyway where he heard the car’s engine turn off. A few minutes later, two Black men dressed in dark clothing and wearing ski masks surrounded him on his driveway. One man pointed a gun at his head and said it was a “robbery.” The other man also pointed a gun at Margarito and blocked his way to his garage. The men hit him in the head and face as he tried to escape into his house. The robbers took his wallet from his…