People v. Roberson CA2/3

BACKGROUND

In the prior opinion on Roberson’s direct appeal, this court described the facts of the case as follows: “Carolyn Stanley (Stanley) and Lisa Ray (Ray) were with Marlon Bradley (Bradley) in his customized Chevrolet convertible in the late evening hours of August 7, 1983. Bradley was in the

1 All further statutory references are to the Penal Code. 2We augmented the record at Roberson’s request to include the appellate opinion.

2 driver’s seat, Stanley in the passenger seat with Ray standing outside the car when a person identified as Roberson came up to Bradley and said, ‘Get out of the car, man.’ When Bradley said no, Roberson pulled out a gun and fired one shot at close range. “Bradley jumped out while Stanley rolled out of the Chevrolet as Roberson started driving the car. Bradley expired from the bullet wound that entered his upper back and went through the heart. “The prosecution case rested primarily on the positive identification of Roberson by Stanley and the testimony of Stanley Tyrone Greene (Greene), Robert Sanders (Sanders) and Don Roberson (Don). “Greene testified he was with Roberson when Roberson saw Bradley’s car and stated he had to have it. Roberson…