People v. Michel CA2/3

BACKGROUND

Viewed in accordance with the usual rules of appellate review (People v. Ochoa (1993) 6 Cal.4th 1199, 1206), the evidence established the following. 1. Prosecution evidence. a. The shooting. On September 16, 2012, a little after 8:00 p.m., Marysela M., along with her husband Cesar M. and her 12-year-old daughter P.M., had just arrived at their Compton apartment building on Golden Street. As they were getting out of their car, a group of three or four people, including defendant Michel and his girlfriend Rosa V., were passing by on the sidewalk. Marysela testified Rosa lived around the corner and that she had seen Rosa in the neighborhood for about a year. Marysela testified she had seen Michel on her block a “couple of times” before the shooting, but she had never spoken to him; she figured Michel and Rosa were boyfriend and girlfriend because they were always holding hands. Cesar had also seen Michel around the neighborhood a couple of times before. Both he and Marysela noticed that on this occasion Michel was wearing a white tank top and shorts. As the group passed by, Marysela got upset because she thought Michel was “mad dogging” Cesar, so she remarked:…