People v. Wilson CA1/1

I. BACKGROUND

In a complaint filed September 12, 2011, defendant was charged with murder (Pen. Code,1 § 187, subd. (a)), possession of a firearm by a felon (§ 12021, subd. (a)(1)), and possession of ammunition (§ 12316, subd. (b)(1)). In connection with the murder charge, the complaint alleged an enhancement for personal use of a firearm. (§ 12022.53, subd. (d).) Defendant pleaded no contest to the weapons possession charges and proceeded to trial on the charge of murder and the firearm use enhancement. It is undisputed defendant shot his long-time girlfriend, Victoria C., on September 8, 2011. The issue at trial was the degree of the homicide.

1 All statutory references are to the Penal Code unless otherwise indicated. The primary witness to the shooting was Victoria’s daughter, A.C. A.C. said she and Victoria had lived in the same home as defendant for about six years. During that time, Victoria and defendant had often argued. On the day of the incident, they argued on the telephone and later in the evening when riding in the car. After arriving home from the drive, Victoria went into the bedroom to change her clothes, while defendant went to the garage. At some point,…