People v. Yim CA1/5

I. FACTS AND PROCEDURAL HISTORY

An amended information charged Yim with one count of premeditated murder (Pen. Code, § 187, subd. (a)—count 1)1 and three counts of premeditated attempted

1 All statutory references hereafter are to the Penal Code.

1 murder (§§ 187, subd. (a), 664, subd. (a)—counts 2, 3, and 4). As to the murder count, it was alleged that Yim personally and intentionally discharged a firearm and caused great bodily injury or death (§ 12022.53, subd. (d)). As to the attempted murder counts, it was alleged that he personally and intentionally discharged a firearm during the offenses (§ 12022.53, subd. (c)). The matter proceeded to a jury trial.

A. Evidence at Trial During the afternoon of May 3, 2010, Daveon Taylor was driving in Hayward with three friends, including Samuel Nava III. On the way toward Nava’s home, they saw Yim, a stranger to them, sitting on a park bench with a young woman (Veronica Rodriguez). Yim stared at them with a mean expression on his face. Taylor stopped the car and asked Yim, “Is there a problem?” Yim walked toward the car in an aggressive manner and said, “Yes, there is,” and repeatedly asked, “What up, nigga?” At some point—either…