People v. Telea CA1/1

I.

BACKGROUND

A. Factual Background The following facts were set forth in this court’s prior nonpublished opinion, People v. Telea (Nov. 25, 2008, A110926) (Telea I): “[Defendant] and the codefendants robbed a Wells Fargo bank branch in Burlingame on October 11, 2002. In the course of the robbery, codefendant Seti Scanlan shot and killed one bank employee, and defendant shot, but did not kill, a second employee. On November 1, 2002, a man robbed a Carl’s Jr. restaurant in Mountain View at gunpoint. Soon after on the same night, two men robbed a Mountain View market. A police officer responding to the robbery report from Carl’s Jr. encountered and began to follow an SUV that was leaving the area. As the officer pulled the SUV over, a man emerged and shot at the officer, shattering the car windshield and striking the officer in the face. Other responding officers began a high-speed chase of the SUV. During the chase, persons inside the SUV, including defendant, fired shots at various pursuing officers. After the vehicle came to a stop, two of the codefendants were caught, but the remainder of the occupants escaped. Defendant was not among those caught that night, but he later…