People v. Firman CA4/1

STATEMENT OF FACTS

The facts of the offenses are set forth in our previous opinion. (People v. Firman, supra, D064110.) We will incorporate them here for

convenience.2 “A. The People’s Case “1. Evidence relating to the shooting “On December 28, 2009, around 9:30 p.m., [T.R.] was shot and killed as he walked home. [T.R.] was not a member of any gang. He died from two gunshot wounds, one to the chest and the other to the back of the skull. A third gunshot, which grazed his back, did not penetrate the skin. The bullets recovered from [T.R.]’s body were consistent with having been fired from a .38-caliber or .357-caliber revolver. [T.R.] was wearing two silver chains on the night he was shot. “The shooting happened on the corner of Landis Street and Menlo Avenue in the City Heights area of San Diego. [E.R.] and [C.G.] were walking in the area at the time. [E.R.] heard three or four gunshots and saw [T.R.] fall to the ground, but he did not see any suspects. [E.R.] asked [H.B.], who was nearby, to call the police. [H.B.], who had just driven past the corner of Landis and Menlo, had seen two men wearing black hooded sweatshirts across the street from a man who was alone. [H.B.]…