People v. Delgado CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. The prosecution’s case On January 11, 2012, Delgado, Joseph Correa and Ralph Ojeda were charged by amended information with one count of murder (victim Michael Hazard) (§ 187, count 1) and one count of attempted murder (victim Hamilton Hyatt) (§§ 187, 189, 664, count 2).3 In connection with count 1, the information specially alleged that Delgado personally used a deadly weapon (§ 12022, subd. (b)(1)), and further alleged that he had suffered one prior strike conviction (§§ 667, subds. (b)-(i), 1170.12), and one prior serious felony conviction (§ 667, subd. (a)). 1. Rochelle Tinsley’s testimony Tinsley lived in an apartment complex at 711 Northrup Street, in San Jose. On April 26, 2009, at approximately 12:30 or 12:45 p.m., Tinsley heard people arguing in the parking lot, so she looked out the window. Three Hispanic men and a “chubby” African- American man, later identified as Hyatt, were standing in the parking lot below her window. One of the Hispanic men, who Tinsley identified at trial as Delgado, and Hyatt were facing off against each other, each of them in a fighting stance. Hyatt loudly asked Delgado, “What’s up,…