People v. Epps CA6

I. FACTS AND PROCEDURAL BACKGROUND3

A. Procedural History 1. 2022 Trial On January 4, 2022, the Santa Clara County District Attorney filed an amended information charging Epps with the 2020 murder of Arturo C.4 (§ 187, subd. (a); count 1).

2 This court previously granted Epps’s request that we take judicial

notice of our prior opinion. On our own motion, we take judicial notice of the record in that matter. (See Evid. Code, §§ 459, subd. (a); 452, subd. (d).) 3 This background information is taken from this court’s opinion in

Epps, the record from that appeal, and other documents in the instant appellate record. 4 We refer to the victim by his first name and the first letter of his last

name to protect his privacy interests. (See Cal. Rules of Court, rule 8.90(b)(4), (10).) 2 In January 2022, a jury found Epps guilty of first degree murder based on a willful, premeditated, and deliberate killing with express malice or a murder perpetrated by means of discharging a firearm from a motor vehicle intentionally at another person outside of the vehicle with the intent to inflict death. At a sentencing hearing held on September 30, 2022, the trial court denied Epps’s motion for a…