Brooks

Introduction

Following a trial by jury, defendant and appellant Ronnie Brooks (appellant) was convicted of second degree murder (Pen. Code, § 187). The jury also found that appellant had personally used a firearm, to wit, a handgun, in the commission of the offense, within the meaning of Penal Code sections 12022.5 and 1203.06, subdivision (a)(i). Appellant was sen tenced to state prison for a total of 17 years to life. He appealed. We reverse the judgment of conviction with directions.

Statement of Facts

Approximately 2 p.m. on January 29, 1985, Alvin Brooks, appellant’s brother, was stabbed to death in the vicinity of Alamitos and 17th streets in the City of Long Beach.

Approximately two hours later, Thurman Todd was shot and killed in the same area.

The Prosecution’s Case

About 4 in the afternoon, Thria Shaun Rontay Joseph Stephens, who lived in a house at 1155 East 17th Street, Long Beach, looked out his window and saw yellow crime scene tape around the “Chinese market” at the southwest corner of Alamitos and 17th streets. He also saw many police officers there.

Stephens walked onto 17th Street and talked with some friends about the stabbing murder of Alvin,…