People v. Watson CA4/2

I. FACTUAL AND PROCEDURAL BACKGROUND2

Defendant’s videotaped statement to the police revealed that “on November 5,

2000, defendant along with Jesse Cantu, David Chavez, and Lester ‘Dwayne’ Thomas,

went to a house . . . three separate times, all for the purpose of getting defendant’s

All further statutory references are to the Penal Code unless otherwise indicated.

2On the court’s own motion, we take judicial notice of the record in defendant’s appeal from the original judgment. (See People v. Watson (June 12, 2003, E031790) [nonpub. opn.] (Watson).) We take much of our factual and procedural recitation from that opinion, which was included as an exhibit in the People’s motion to strike defendant’s petition and was relied upon by the trial judge in summarily denying the petition. 2 belongings back. Defendant had lived in the house and purportedly had left some of her

things there when she moved out. On their first trip, defendant exchanged words with a

heavyset Hispanic woman because the woman refused to let defendant in the house and

had called defendant a bitch. Defendant and her three companions were walking back to

their cars, about to leave, when Dwayne urged the…