People v. Ysiano CA4/2

FACTS

Facts adduced at the first trial related to defendant’s conviction of being an ex-

felon in possession of a firearm will be discussed elsewhere in this opinion. During the

second trial, it was established that defendant had pled guilty to voluntary manslaughter

in 1990, and the murder victim had identified him to police as the killer in that case.

Defendant owned a white GMC Sierra pickup truck. During the afternoon of March 28,

2008, he was at a casino.

On the night of March 28, 2008, the murder victim and the attempted murder

victim, who were brothers, parked their car in the driveway of their Coachella home.

After they got out of their car, the attempted murder victim saw a man pull up in a white

truck, get out and fire several shots at the murder victim, killing him. The gunman then

fired several shots at the attempted murder victim, wounding him. The attempted murder

victim told a responding police officer at the scene that defendant was the shooter. Also

at the scene, he told another officer the same thing. Later that night at the hospital where

the attempted murder victim had been taken for treatment, he picked defendant’s picture

out of a photographic…