People v. Maldonado CA3

BACKGROUND

We take the background from this court’s prior opinion in defendant’s direct appeal. (People v. Maldonado (Dec. 3, 2003, C041013) [nonpub. opn.] (Maldonado).)2 Rojelio Garcia, while working at a convenience store, rejected a counterfeit bill used by David Deponte and called the police. Deponte complained about Garcia to defendant and others, telling defendant he planned on confronting Garcia. Deponte made statements that defendant interpreted as a plan to shoot Garcia, though defendant later told police he did not believe Deponte would go through with it. Defendant also told police he gave Deponte a firearm but later recanted the statement. (Id. at pp. 2-3.) On the evening of October 1, 2000, Deponte shot and killed Garcia outside of the convenience store. Defendant and his brother followed Deponte that evening and took bets on whether he would go through with the shooting. After witnessing the shooting, defendant expressed surprise Deponte did it, then went to Garcia’s body and took his jewelry, cell phone, and wallet. (Maldonado, supra, C041013 at pp. 3-4.) On December 12, 2001, a jury found defendant guilty of first degree murder (§ 187, subd. (a)), and found that…