People v. Trejo CA2/4

INTRODUCTION

On September 27, 2011, someone shot and severely wounded Levester Peterson. Immediately after the shooting, and again after surgery and at trial, Peterson identified the shooter as defendant Augustine Danny Trejo, a man he recognized from his neighborhood. On the strength of Peterson’s eyewitness testimony, a jury convicted defendant of attempted premeditated murder and intentional discharge of a firearm, and the court sentenced defendant to a state prison term of 35 years to life. After the conviction, but before the sentencing hearing, the defense attorney was contacted by Elvin Crosby, also called “Pete,” who Peterson testified had witnessed the shooting. Crosby agreed that he had seen the shooting, but told a defense investigator and police detective that the shooter was taller and heavier than defendant. On the basis of Crosby’s statement, defendant made a motion for a new trial. Crosby testified at the hearing on the new trial motion, but his testimony was equivocal and contradictory, sometimes suggesting that defendant was not the shooter, but other times admitting that he had not seen the shooter’s face and could not identify the shooter. The trial court…