People v. Phillips CA1/1

background and involves many witnesses and individuals not relevant to the claims raised on appeal. In this background section, we summarize the facts necessary to understand the claims asserted on appeal. In appropriate sections of the discussion, we provide additional facts as necessary to analyze particular claims. A. The Charges Defendant was first tried for Darryl Grockett’s murder in 2013. After a mistrial was declared, the Contra Costa County District Attorney sought a superseding indictment, charging defendant again with Grockett’s murder and other crimes. Specifically, the January 2015 indictment charged

PUBLIC—REDACTED

OPINION

defendant with murder (Pen. Code,2 § 187, subd. (a); count one), dissuading a witness by force or threat (§ 136.1, subd. (c)(1); count two), conspiring to dissuade a witness (§ 136.1, subd. (c)(2); count three), conspiracy to dissuade a witness by force or threat (§§ 182, subd. (a)(1), 136.1, subd. (c)(1); count four); custodial possession of a weapon (§ 4502, subd. (a); counts five to seven & ten to twelve), conspiracy to commit murder (§§ 182, subd. (a)(1), 187; count eight), and solicitation to commit murder (§ 653f, subd. (b); count…