People v. Lee CA3

BACKGROUND

Factual background On February 4, 2017, L.J. was sitting on the outdoor stairway of her apartment building in Sacramento, talking on the phone and laughing, when she saw defendant on the second-floor walkway on the other side of the building. L.J. had known defendant for several months at that point, but the two were not getting along. Defendant approached L.J. and accused her of laughing at him. Defendant spat at L.J. after she denied laughing at him, and the two fought briefly before defendant pushed L.J. down. L.J. pursued defendant through the apartment complex. During the pursuit, she saw defendant stop with his back to her, and then heard four or five gunshots. L.J. testified she did not actually see defendant fire a gun. Before the incident, there were no bullet holes in L.J.’s apartment’s front door. Photographs of the front door admitted into evidence at trial showed three bullet holes in it. According to an officer who responded to the shooting, the bullet holes appeared “fresh.” Police collected bullet shell casings, and interviewed L.J.—who identified defendant in a photograph as the person with whom she had the altercation that day. Police also interviewed…