People v. Washington CA3

FACTS AND HISTORY OF THE PROCEEDINGS

A. The Underlying Robbery-Murder

We take the facts from the unpublished opinion we issued in 2013 affirming defendant’s convictions in Washington: “During the early morning hours of June 7, 2008, defendant and Abella were hanging out together at an apartment complex in Rancho Cordova where Abella’s mother lived. At the time, defendant was dating Abella’s sister, E.G, who was also present. “At approximately 2:40 a.m., defendant and Abella walked to a nearby 7-Eleven store. The events that occurred thereafter were captured in large part on surveillance cameras mounted at the 7-Eleven and at an adjacent check-cashing store. “At approximately 2:50 a.m., defendant and Abella left the 7-Eleven and approached 50-year-old William Deer, who was sitting on a curb outside the check- cashing store drinking coffee he had just purchased at the 7-Eleven. Deer was both mentally and physically handicapped due to a motorcycle accident more than 20 years earlier. “Earlier that evening, Deer’s mother had dropped him off at a bus stop in Sacramento so he could visit friends in Rancho Cordova. At the time, Deer wore a fanny pack around his waist in which he…