People v. Robbins CA2/3

FACTS AND PROCEDURAL BACKGROUND

1. The crime, conviction, and appeal On October 2, 2006, a witness standing at a busy intersection heard gunshots.2 He saw a man later identified as Christopher Mathis standing next to the open front passenger door of a red Chevrolet Cobalt. Mathis was pointing a gun at a man later identified as Ernest Crayton. Mathis fired at Crayton one last time and got back into the car, which sped away.

References to statutes are to the Penal Code. On May 21, 2021, we granted the Attorney General’s motion for the court to take judicial notice of the file in Robbins’s direct appeal, People v. Robbins (Dec. 13, 2010, B221364) [nonpub. opn.] (Robbins I). In his opening brief, Robbins says he “adopts” as his statement of facts “those set forth in the Court of Appeal unpublished decision of People v. Robbins . . . taken from his direct appeal, and to the extent that these facts do not conflict with the arguments set out in this brief.” It is unclear what Robbins means by this. In any event, as the truth of the facts of the crime recited in Robbins I are not necessary for our resolution of this appeal, we summarize them only for the basis of…