People v. Warner CA3

BACKGROUND

As the facts in this matter are undisputed, we draw them from People v. Warner (Dec. 16, 2019, C077711 [nonpub. opn.] ) review denied and opinion ordered nonpublished March 25, 2020, S260341 (Warner).1 On a Saturday night of a long holiday weekend, defendant took an unregistered semiautomatic handgun, concealed in his waistband, into a bar. (Warner, supra, C077711, [at pp. 2, 4].) There were about 280 patrons plus staff in the bar, and about 50 patrons on the back patio area where the shooting occurred. (Id. [at p. 5].) “[Defendant] shot across the bar’s semidark dance floor, illuminated by a strobe light, at I. Smith, who had attacked him a few weeks earlier. Defendant emptied the gun’s clip of 10 bullets,” hitting and wounding his primary target Smith and an innocent bystander, N.C. (Id. [at p. 2].) He “emptied his clip into Smith as Smith lay on the ground,” then yelled in a celebratory fashion and ran out of the bar. (Id. [at p. 5].)

We granted defendant’s request to take judicial notice of this opinion.

2 Ten spent casings fired from defendant’s gun were found at the scene of the shooting. (Warner, supra, C077711, [at p. 6].) The bullets recovered from the…