People v. Gregory CA2/2

FACTS AND PROCEDURAL BACKGROUND

I. Facts2

On July 24, 1996, defendant approached Corey Hayes on the street outside a liquor store. Defendant was a known member of a Bloods gang. Hayes was not a gang member but was wearing a blue sweatshirt, the color frequently worn by gang members to signify affiliation with the Crips gang, notorious rivals of the Bloods. Defendant asked Hayes, “Where you from, Blood?” Defendant then shot Hayes dead.

II. Procedural Background

A. Underlying conviction, sentence and appeal The People charged defendant with murder (§ 187, subd. (a)), and also alleged that in committing the murder defendant personally used a firearm (§ 12022.5, subd. (a)). The People also alleged that defendant’s 1985 convictions for robbery (§ 211) constituted “strikes” within the meaning of our three strikes law,

All further statutory references are to the Penal Code unless otherwise indicated.

We take judicial notice of the opinion and appellate record from the direct appeal in this matter. (People v. Gregory (Apr. 3, 2000, B124803) [nonpub. opn.].)

2 and also constituted prior serious felonies (§§ 667, subds. (a), (b)- (j), 1170.12). The matter…