People v. Olachea CA1/1

I. BACKGROUND1

Defendant was charged, in an information filed May 24, 2012, with one count each of murder (Pen. Code,2 § 187, subd. (a)) and attempted murder (§§ 187, subd. (a), 664, subd. (a)), and two counts of possession of a firearm by a felon (§ 12021, subd. (a)(1)). As to the charges of murder and attempted murder, it was alleged defendant personally discharged a firearm and caused great bodily injury. (§§ 12022.5, subd. (a), 12022.7, subd. (a)), 12022.53, subds. (b), (c), (d), (g).) The information also alleged four prior felony convictions and two prior prison terms. (§ 667.5, subd. (b).) A. The Olson Shooting Mitchell Olson testified that defendant shot him three times in the chest while they were outside Olson’s apartment. The two had known each other since they were children, but they had a falling out a few months before, when Olson accused defendant’s girlfriend of stealing from him. Olson also believed the girlfriend told defendant Olson had “robbed her.” When defendant shot Olson, he said, “[This is] for robbing my old lady” and “I just want to let you know who killed you.” At the time of the shooting, on November 20, 2011, defendant was wearing a GPS tracking…