P.

FACTS

The facts are not disputed. Defendant was at a bar in Blythe when his girlfriend

(Kiralina Pena) was assaulted by her former roommate (Erica Urias), and the two got into

a fight. The former roommate‟s boyfriend (Pookie) was bent over, apparently trying to

break up the fight (although initially he prevented anyone else from doing so), when

defendant whacked him on the back with a loaded gun,2 the gun fired, and the bullet hit

All statutory references are to the Penal Code unless indicated otherwise.

According to witnesses, defendant said, “Bro, hand me the burner” to someone standing near him, possibly one of his brothers. Defendant then extended his hand back behind him to get the gun. Then he swung his arm up and over his head so that the hand with the gun came down on Pookie‟s back. Witnesses described defendant holding the gun as if he intended to “pistol whip,” Pookie, i.e., defendant held the gun as though he were going to fire the weapon, with his finger on the trigger.

2 and killed Yanika Daniels, who was trying to break up the fight because Daniels was

celebrating her birthday and did not want any fighting during her party. Additional facts

will be…