People v. Smith CA2/6

Facts and Procedural Background3 In October 2006, appellants and another companion, all members of the “Santana Blocc Crips” criminal street gang, hatched a scheme to commit a burglary. John Ibrahim, a marijuana seller, was known to keep large quantities of “high grade” marijuana and cash at his condominium. Either Smith or Taylor took a loaded firearm to Ibrahim’s condominium. Ibrahim resisted and a gun battle ensued. Ibrahim suffered several bullet wounds before succumbing. Smith was apparently the actual shooter. The trial court so found at the evidentiary hearing we ordered. Smith was wounded in the gun battle. We need not go into detail as to the facts. The trial court did so, and the parties have filed briefs that recite their “version”

1 All further statutory references are to the Penal Code.

2 See People v. Smith (Jan. 4, 2023, B303467) [nonpub. opn.] and People v. Taylor (Jan. 18, 2023, B305964/B308322) [nonpub. opn.]. 3 These facts are summarized from our prior appellate opinions (People v. Smith (Feb. 5, 2013, B233544) [nonpub. opn.]; People v. Taylor (Nov. 29, 2012, B233797) [nonpub. opn.]), and from the record in the instant appeal.

2 of what happened. What is…