People v. Mitchell 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. Prosecution evidence. a. The shooting. On March 4, 2011,2 at around 9:00 p.m., Erneshia T. arrived at the corner of 108th Street and Western Avenue inside her sister-in-law’s Volkswagen Beetle. Erneshia was in the front passenger seat, her sister-in-law was driving, and her sister-in-law’s baby was in the back. Also in the back was a dog inside a cage. Erneshia’s sister-in-law parked near a laundromat which had bright lights. Erneshia called her son, Kameron, who was in an apartment in an adjacent building to come help unload the dog cage. As Kameron and Erneshia were struggling to get the cage out of the car, they were approached by defendant Mitchell, who addressed Kameron with a “What’s up” head gesture. When Kameron did not respond, Mitchell said: “What’s up, hood, where you from? Neighborhood 90.” Kameron was looking at Mitchell “face to face” in the illumination of flood lights that were mounted on top of the laundromat building. Kameron again did not say anything. Instead, he looked over at his mother. Erneshia…