Whitson

FACTS AND PROCEDURAL HISTORY2

The Crimes

On July 7, 1991, Whitson was driving a blue Jeep. Fifteen- year-old Vernon Cox, who testified for the prosecution at trial under a grant of immunity, was in the passenger seat. Whitson met codefendant Shon Ramone Yokely.3 The two were members of a Crips gang, a rival to the Bloods gang to which one of the victims, Albert Jones, belonged. (Yokely, supra, B074241 [nonpub. opn.].) Whitson told Yokely he was going to drive around looking for Bloods and invited him to come along. Yokely agreed, but first ran into a nearby residence. When he returned there was something in his waistband. (Ibid.) Whitson drove into Bloods territory, and slowed in front of a residence where Albert, his brother Paul, his sister Katie, and Katie’s daughter Mitchshale were standing. (Ibid.) Yokely, who was sitting in the back seat on the driver’s side, opened fire on the family. He shot Albert in the shoulder and ear, Katie in the leg, Paul in the leg, and 14-month-old Mitchshale in the head, killing her. The Jeep sped away. (Ibid.)

2 Whitson and Yokely were tried together, and their cases were part of the same appeal. We take judicial notice of this court’s prior…