People v. Seegmiller CA1/3

BACKGROUND

In January 2019, Seegmiller and his girlfriend met the victim in Seegmiller’s neighborhood to buy marijuana. The victim arrived in a car.

Undesignated statutory references are to the Penal Code. 1 Seegmiller instructed his girlfriend to sit in the front passenger seat of the victim’s car, while Seegmiller sat in the back seat behind the victim. After the victim and Seegmiller talked for a few minutes, Seegmiller fired a gun at the back of the victim’s head, hitting him in the neck. Seegmiller grabbed the marijuana and fled. His girlfriend fled in a different direction. The victim drove to a nearby school and immediately called 911. Within four minutes of the victim’s call, police officers responded to the victim’s location at the school. Several residents in the neighborhood were standing outside watching the police activity. One block away and while driving toward the school, Sergeant Daniel Gil observed Seegmiller walking in the street. He was walking at a brisk pace away from the school. Rather than swinging his arms naturally, Seegmiller pinned his arms toward his stomach and his hands covered his stomach area. Gil noted Seegmiller was wearing a hooded…