People v. Harper CA5

FACTS

As the facts are not in dispute on appeal, we will only briefly recount them here. This case is the result of a drive-by shooting where the victim, a 20-month-old child, was shot and gravely injured. Although disputed at trial, the jury determined defendant was the person who fired the shots. The evidence establishing defendant as the shooter included two eyewitness identifications. The vehicle used in the shooting was distinctive. It belonged to one of defendant’s sisters and was normally driven by defendant’s brother. Defendant, along with his brother and Roneel Prasad, painted the vehicle in the hours following the shooting. Also, defendant altered his appearance by cutting his hair immediately after the shooting. Additionally, Prasad, who was married to one of defendant’s sisters, testified against defendant after being convicted of being an accessory for his involvement in this case. As a result of Prasad’s plea to his involvement in the case, he was going to be deported. He stated he did not receive any leniency as a result of his agreement to testify against defendant.

2. Prasad testified defendant admitted the shooting to him and later sent him several threatening…