People v. Perez CA2/6

Facts We set forth the relevant facts as summarized by appellant in his opening brief. Appellant states: “The following statement of facts has been taken from the factual discussion . . . in this Court’s decision on direct appeal in [People v. Perez (July 21, 2008)] Case No. B200269 [2008 WL 2791667, at *1-*2]. Appellant does not concede the accuracy of that factual discussion.”2 “[S]omeone knocked on the door of a house in Whittier. Brian [H.] answered it. Appellant was standing outside on the porch with another man . . . . Appellant identified himself as Snappy from Los Nietos, a rival gang. Appellant and Brian argued and started to scuffle. Appellant pulled out a gun and shot Brian in the hip.[3] Brian fell to the ground and shoved the door closed. Appellant continued to shoot, firing five or six shots into the house.” “Yvonne [P.] testified that she heard Brian at the front door, arguing with someone about selling drugs. She heard gunshots and saw Brian fall to the ground. She further testified that she ran to the door and kicked it shut. Appellant stepped off

2 “A number of Courts of Appeal have held . . . that . . . ‘the

Legislature intended to prohibit consideration of…