People v. Kittles CA1/1

BACKGROUND

The history of this proceeding is set forth in this court’s two prior opinions, which we incorporate by reference.

All further statutory references are to the Penal Code unless

otherwise indicated. On our own motion, we take judicial notice of our prior opinions

People v. Kittles (Dec. 10, 2020, A154955) [nonpub. opn.] (Kittles I) and People

1 “Defendant testified in his own defense about the shooting of R.T. in the Potrero Hill neighborhood of San Francisco. In November 2017, he drove to Potrero Hill, where he had lived until he was 16 years old. He had a handgun with him, a Glock 9 mm, which he knew he was legally prohibited from possessing due to a prior felony conviction. He bought the gun because he had been threatened in the past. “Defendant’s uncle joined him, and the pair went searching for drugs for his uncle. When they were unable to find any, they stopped and bought alcohol, then continued to another location, where his uncle continued his quest for drugs. Defendant did not accompany his uncle, but decided to visit a female friend, S., who lived nearby. “He went to the residence where he thought S. lived, but it was actually another person’s home.…