People v. Bragg CA3

I. BACKGROUND

A. Factual Background As the parties do, we take our summary of the relevant facts from this court’s prior opinion in Bragg’s direct appeal. (People v. Bragg (June 13, 1994, C015773) [nonpub. opn.].)

2 The parties agree that the court was not permitted to impose a parole term longer than two years. Because we conclude the trial court had no authority to vacate Bragg’s murder conviction at all, we do not address this issue.

2 Sometime after 11:00 p.m. on May 5, 1992, gun shots were fired at a car occupied by Rachelle Jones and her boyfriend, Alfonso, from another car as they were driving on a freeway in Stockton. One of the shots struck Jones, causing her car to leave the freeway and come to rest against a cyclone fence. Jones died from a gunshot wound to the chest. Alfonso testified that Jones had picked him up outside M.M.’s apartment complex on the night of the shooting. As Alfonso waited for Jones at a parking stall at the rear of the complex, M.M. pointed to a car that was leaving a nearby alley. Alfonso recognized the car as belonging to defendant. After Jones arrived and picked up Alfonso, she drove down the same alley that defendant’s car had driven…