People v. Scott CA1/5

I. FACTS AND PROCEDURAL HISTORY

The San Francisco District Attorney filed an information charging appellant with the murder of Smith and alleging he personally used a deadly weapon (a knife) in the commission of that offense. (Pen. Code, §§ 187, 12022, subd. (b).) The information also alleged appellant had suffered prior “strike” convictions and prior serious felony convictions. (Pen. Code, §§ 667, subd. (a), 1170.12.) The case proceeded to a jury trial, at which the following evidence was adduced.

A. Prosecution Evidence The St. Vincent de Paul shelter on Fifth Street and Bryant Street in San Francisco, also known as MSC South, provides services for homeless individuals. Clients must pass through metal detectors and security wands at the entrances to the shelter, and they are expected to check their weapons with security and reclaim them when they leave. A violation of this no-weapons policy will result in an individual being excluded from the shelter and its services. Despite the policy and its enforcement, it is not uncommon for clients of the shelter to carry knives for protection. Appellant, who was homeless, went to the drop-in side of the shelter at about 4:55 p.m. on…