People v. Sidebottom CA2/5

FACTS AND PROCEDURAL BACKGROUND1

I. The Underlying Crimes

On September 10, 2000, Brandon Williamson, Sr. (Williamson), Williamson’s son, and Clifton Smith, Sr. (Smith) were standing next to a parked car in which Smith’s two children sat. Defendant pulled up to them, got out of his vehicle while holding a red bandana, said something about Culver City, and then opened fire on the group with a semiautomatic handgun. The bullets struck Williamson and Smith, and fatally injured Smith. Defendant then got back into his vehicle, and while driving shot at two other vehicles but missed their occupants. Defendant then pulled up alongside a man riding a bicycle, pointed his gun at him, and told him he was next.

We draw the relevant background facts from our prior unpublished opinion in this case. (People v. Sidebottom (Apr. 8, 2003, B155260) 2003 Cal.App.Unpub.LEXIS 3477 (Sidebottom).)

II. Charges, Conviction, Sentence and Direct Appeal

In the operative pleading, the People charged defendant with (1) first degree murder (Pen. Code, § 187),2 for Smith; (2) three counts of attempted murder (§§ 187, 664), for Williamson and the occupants of the two moving cars; (3) assault…