People v. Thomas CA1/5

I. FACTS AND PROCEDURAL HISTORY

Alvin Burns was fatally shot on the night of November 20, 2009. The Alameda County District Attorney filed an information charging appellant with murder (§ 187) and alleging he had personally and intentionally discharged a firearm and caused great bodily

1 Further statutory references are to the Penal Code unless otherwise indicated. 1 injury and death (§ 12022.53, subd. (d)), had personally and intentionally discharged a firearm (§ 12022.53, subd. (c)), and had personally used a firearm (§§ 12022.53, subd. (b), 12022.5, subd. (a)). At his jury trial, appellant was tied to the shooting primarily through the testimony of two eyewitnesses, Z.T. and P.L.2 Sixteen-year-old Z.T. and her teenage cousin P.L. met appellant, known as “D,” in the fall of 2009. P.L. was being choked by a man on 88th Street in Oakland and appellant came to her rescue. He was carrying a small silver gun. The girls went to appellant’s house that night and Z.T. saw him a few times after that. Appellant and Z.T. spoke on the phone “probably every other day.” On the night of November 20, 2009, about a month after meeting appellant, Z.T. and P.L. were celebrating the birthday of…