People v. Cree CA3

BACKGROUND

A. Prior Conviction The relevant facts of this case are detailed in our opinion People v. Lamkin (Sept. 13, 2005, C045080) [nonpub. opn.] (Lamkin). On the evening of October 8, 2000, Gregory Rowan and Jimmie Richardson, were asked a question by two men in a car and when they approached the car, the passenger shot the men with a sawed-off shotgun; Rowan survived but Richardson died. (Id. at p. 3.) The night of the shooting, Lamkin and defendant told a friend they had been target shooting and this friend had seen defendant sawing off the back end of a shotgun. (Ibid.) The friend also said the two appeared to psyche themselves up for something “they needed to do.” (Ibid.) Police later found expended shotgun shells at Lamkin’s residence matching the expended shells at the scene of the crime. (Id. at p. 4.) Defendant testified at trial he did not know Lamkin was going to shoot anyone and Lamkin’s testimony supported this view. (Lamkin, supra, C045080 at pp. 4, 24-27.) Lamkin testified he was drunk in the car and was startled awake by what he thought was a person with a weapon, so he fired the shotgun. (Id. at pp. 4, 26-27.) The jury found defendant and Lamkin guilty of…