People v. Messer CA3

Facts Underlying The Conviction On April 7, 2016, defendant and his brother were driving in separate trucks on Highway 193 in Georgetown. (People v. Messer, supra, C086503.) Keith N. was driving in his own car, between defendant and his brother. (Ibid.) According to Keith, defendant’s brother slammed on his brakes, causing Keith to do the same in front of defendant. (Ibid.) According to defendant’s statement to police following his arrest, Keith pulled in front of defendant’s truck and slammed on the brakes. (Ibid.) Regardless, defendant responded by firing at least two shots from a semiautomatic handgun at the back of Keith’s car. (Ibid.) In an effort to avoid further confrontation, Keith pulled around defendant’s brother’s truck and continued down the highway. (Ibid.) Keith eventually pulled into a parking lot less than a mile down the road, where he attempted to call a deputy sheriff who was an acquaintance but he was unsuccessful. (People v. Messer, supra, C086503.) As Keith attempted to leave the parking lot,

Undesignated section references are to the Penal Code.

2 defendant and his brother pulled into the parking lot and blocked Keith from leaving. (Ibid.) Both…