People v. Gutierrez CA1/5

BACKGROUND

In August 2017, Gary Cromwell, Jr. was shot and killed. The prosecution charged defendants with first degree murder (§ 187, subd. (a)) and alleged Johnson personally and intentionally discharged a firearm causing death in the commission of the murder (§ 12022.53, subd. (d)).

By separate order this date, we deny defendants’ respective petitions

for writ of habeas corpus (case Nos. A168038 and A168039) alleging ineffective assistance of trial counsel.

1 A. Prosecution Evidence Jordan Hendricks and Cromwell were close friends.2 They sold and used drugs together. At noon on the day of the shooting, Hendricks went to Cromwell’s house. The two men took Xanax. That evening, they went to Fairfield to sell marijuana. Cromwell drove the car, a silver Acura with windows so tinted one could not see through them. Hendricks rode in the passenger seat. Both men carried firearms. Cromwell parked the Acura near an apartment complex. The two men got out of the car and walked around looking for a buyer. But a buyer “never came,” so the two men walked through an alley back to the Acura. Hendricks put his gun under the passenger seat. Cromwell drove away. When they reached a nearby…