People v. Brumfield CA2/8

DISCUSSION

A. Factual Background These facts are taken from the decision affirming appellant’s conviction. The victim was driving a car with three passengers. A gold-colored Blazer drove up alongside the victim’s car. The front passenger window of the Blazer rolled down and a man wearing a black top and baseball cap with braces on his teeth extended his arm and pointed a handgun at the car. The victim and his passengers ducked. The man, later identified as petitioner by people in the victim’s car, fired several shots, killing the victim. (People v. Brumfield, supra, B182910.) Appellant was ejected from the gold-colored Blazer when the victim’s car collided with it. Appellant, who was wearing a black shirt, had difficulty moving; he ultimately fled but was apprehended by police. Two other individuals wearing white t- shirts were seen running away as well. Inside or near the Blazer police recovered two handguns, one of which had fired the bullets found in the victim. A bullet fragment found in the victim’s car had been fired from the other handgun. (People v. Brumfield, supra, B182910.) At the hearing on appellant’s resentencing petition, appellant agreed the trial court did…