People v. Bennett CA2/3

BACKGROUND

Viewed in accordance with the usual rule of appellate review (People v. Ochoa (1993) 6 Cal.4th 1199, 1206), the evidence established the following. 1. The shooting. On Memorial Day, May 31, 2010,2 Regina Robertson held a party at her home on 74th Street in Los Angeles. All the guests were friends and family whom Robertson had personally invited. Among them were Christopher Galloway, Deandre Smith and Aaron Loud. Robertson did not know defendant Bennett and he had not been invited to her party. Neither Loud nor Galloway associated with any gang. Smith was affiliated with the Rolling 60’s Neighborhood Crips. Robertson’s house was on the borderline between territory claimed by the Rolling 60’s and territory claimed by the 8-Tre Gangster Crips. About 12:30 a.m. that night, Smith, Loud and Galloway were on Robertson’s front porch while the party was still going on inside the house. Bennett and another man approached. They were both wearing black hooded sweatshirts even though it was not cold out. Smith testified Bennett, who did all the talking, asked if they could join the party.3 Smith was worried Bennett and his companion intended to start trouble:

1 All further…