People v. Shivers CA1/2

BACKGROUND

On February 1, 2018, the Alameda County District Attorney filed a complaint charging Shivers with the December 12, 2017 murder of Rodney Lee (Pen. Code, § 187, subd. (a))1 (count 1) and possession of a firearm by a felon (§ 29800, subd. (a)(1)) (count 2). With respect to count 1, the complaint alleged that Shivers had personally and intentionally discharged a firearm causing great bodily injury or death (§ 12022.53, subd. (d)). The complaint further alleged three prior convictions. Trial took place in March of 2020, where Carrie Mason testified as follows: On December 12, 2017, Mason drove with her daughter in the backseat and her friend Jayla Murray to the store on Apgar and West Street in Oakland. Mason parked in front of the store and started smoking marijuana. She then went inside to buy cigarettes. Meanwhile, Jayla got out of the car and began talking to Shivers on the corner. A little later, Shivers asked Mason to move her car, and she did. Lee texted Mason and asked where she was, and she told him, knowing that he would come to meet her. Lee arrived a few minutes later and double- parked his red Honda on Apgar street next to Mason’s car. Lee got out of his car,…