People v. Fitzhugh CA3

Facts Relevant to the Conviction We take the underlying facts from the unpublished opinion we issued in 2018 affirming Fitzhugh’s convictions in People v. Barnes (Nov. 30, 2018, C073287) (Barnes).

We provide this summary of facts from the prior opinion in Fitzhugh’s direct appeal for context. In analyzing the issues, we rely upon the trial transcript, admitted at the People’s request and relied upon by the parties during the evidentiary hearing.

2 “A. The Shooting “On November 18, 2009, Britani lived with her boyfriend, Evan, in her parents’ garage in Acampo. The garage had been converted into a one-bedroom apartment. That night at around 8:00 or 8:30 p.m., Britani and Evan went to Lodi to purchase fast food. It was a seven- to ten-minute drive. Britani drove. When they returned home, she parked in the driveway. It was very dark. Britani and Evan walked to their front door side by side. When Evan went to put the keys in the door, a man turned the corner raising a gun at Evan. Britani screamed and Evan ran. As Evan ran, he heard five or six gunshots. A bullet went straight through his left leg. The shooter was dressed in dark clothing with gloves and a beanie or a ski…