People v. Walker CA3

BACKGROUND

We briefly summarize the relevant background from our opinion in defendant’s previous appeal from the underlying conviction. (People v. Walker (May 24, 2007, C051926) [nonpub. opn.] (Walker).)2 Chandrika Dip, a taxicab driver, picked up defendant as a fare in his cab and drove him to a number of locations, before reaching their final destination. (Walker, supra, C051926.) When Dip asked for the cab fare, defendant pulled a gun from his pocket and demanded Dip’s money. Dip told defendant he did not have any money and reached for defendant’s gun. Defendant shot him in the forehead and killed him. (Walker, supra, C051926.) Defendant turned off the cab engine and left the scene. When he arrived at his sister’s home later, he told her he had accidentally shot a cab driver after a struggle. He denied trying to rob the cab driver. (Walker, supra, C051926.) He repeated his claim that he accidentally shot the cab driver to other people, including his girlfriend. (Walker, supra, C051926.) Defendant was charged with first degree felony murder (§ 187), with a special circumstance allegation that the murder was committed while he was attempting to commit a robbery (§ 190.2, subd.…