Baker

Defendant Dana Emile Baker appeals the judgment entered on jury verdicts convicting him of second degree murder with the use of a firearm. (Pen. Code, §§ 187, subd. (a), 12022.5.) We affirm.

Factual and Procedural Background

Baker was involved in cocaine trafficking. On the day Baker killed Tim Kelly, cocaine was being sold at Kelly’s apartment on 51st Street in San Diego. Some time during the afternoon of February 17, 1988, Baker and Kelly argued over drugs. The argument continued for about 10 to 15 minutes, resulting in Baker leaving with the threat that someone was going to be “capped” (shot). Between 4 p.m. and 4:25 p.m. that afternoon Steven Gauthier saw two Black men running down an alley near the apartments where Kelly lived. Baker was shooting at Kelly. Sustaining four gunshot wounds, Kelly collapsed and died. The autopsy established the fatal wound was to the upper left side of Kelly’s back.

Cynthia Steenhouse witnessed the shooting. She lived in an upstairs apartment overlooking the alley. She saw Baker get out of a car and start to argue with Kelly over money and drugs. When she heard gunshots she saw Baker shooting Kelly.

Baker’s trial testimony was…