People v. Burns CA2/8

BACKGROUND

1. The Killing We first offer a brief reprise of facts jurors heard in Burns’s trial, which our prior opinion affirming Burns’s conviction more fully sets forth. (People v. Burns (Aug. 1, 2007, B189644) [nonpub. opn.].) In doing so, we do not take a position on the veracity of any particular facts. (See People v. Lewis (2021) 11 Cal.5th 952, 972 (Lewis) [when evaluating a resentencing petitioner’s prima facie showing, a “court should not engage in ‘factfinding involving the weighing of evidence or the exercise of discretion’ ”].) Jomo Robbins was shot and killed near Burns’s house. Three eyewitnesses testified. One neighbor, testifying for the prosecution, saw Burns shoot Robbins. From his window, this neighbor saw Burns and Robbins arguing in front of Burns’s house. Burns began “trying to provoke this guy to — I guess to fight or something, because the guy, you know, started screaming

2 again and saying things, you know, loud, and you could hear that.” The neighbor could not hear the words Burns said, but he heard Robbins respond loudly and aggressively, “ ‘You’re disrespect [sic] my family’ or ‘You disrespect me,’ something like that.” The neighbor then saw Burns…