People v. Vinson 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. Christopher Lee testified that on August 28, 2008, at about 12:15 a.m., he was leaving a liquor store near the corner of Vernon Avenue and Wall Street when he witnessed a robbery. Two Hispanic men had pinned an African-American man to the ground and were going through his pockets. When the robbers noticed Lee, they came over and one of them grabbed him. Lee broke free and started running. Just then Lee spotted defendant Vinson in a car and flagged him down. Lee and Vinson were both members of the Four Trey Gangster Crips gang. Lee got into Vinson’s car and said two men had tried to rob him. As they drove back to the liquor store, Vinson asked Lee to hold his gun. When Lee saw the two robbers, he and Vinson got out of the car. Vinson asked one of them if he remembered him. The man responded by swinging at Vinson and a fist fight ensued. Meanwhile, Lee put Vinson’s gun in the glove box. Vinson returned to his car, grabbed the gun and shot and killed one of the robbers. Vinson later told Lee “he didn’t like…