People v. Godinez CA4/1

STATEMENT OF FACTS

We will adopt the facts from our previous opinion as background for the

discussion which follows. (Godinez, supra, D027646.)2 “On the evening of July 28, 1994, Erik [G.] attended a party at the home of Sean [C.] in Ocean Beach. A few minutes after Erik arrived at the party, Godinez asked Deanna [R.] if he could borrow her car in order to buy more beer. Godinez, Errol [S.], Joe [P.] and Erik got into [Deanna’s] car and drove away. Godinez was driving the car. Prior to leaving the party, someone said that Erik had a lot of money and was going to buy the beer. “On July 29, 1994, Karen [M.] was in a residence in Ocean Beach. Between 2 and 3 a.m., she heard one gunshot, then perhaps another shot approximately 15 to 30 seconds later. She then heard a car screech around the corner. “On July 29, 1994, Jan [G.], who lived in Ocean Beach, heard three gunshots between 2:40 and 2:45 a.m. The first two shots were fired in fairly rapid succession, and the third shot was fired approximately 15 to 20 seconds later. “Approximately 45 minutes after they left [Sean’s] house, Godinez, [Joe], [Sean] and [Errol] returned in [Deanna]’s car. Erik was not with them. Godinez was…