People v. Bacot CA2/4

BACKGROUND

I. Convictions

A. Factual Background 2 On December 13, 2001, appellant was driving his Mustang; codefendant Cochese Wilson was in the front passenger seat. At approximately 10:30 p.m., appellant pulled alongside Wilbert Smith at a stop sign at 94th Place and Haas Street and

1 All further statutory references are to the Penal Code unless otherwise indicated. 2 The facts are drawn from our opinion resolving appellant’s direct appeal, People v. Bacot (Oct. 13, 2005, B175583) [nonpub. opn.], on which the parties and trial court relied. On our own motion, we take judicial notice of the opinion, which appears to have been inadvertently omitted from the appellate record.

2 exchanged words with him. As appellant drove away, Wilson fired shots from the car window. Smith was struck twice but survived. Around 11:00 p.m. the same evening, Guion Revels was shot and killed on the front lawn of a home on South Hobart Street, near 96th Street. Witnesses saw a Mustang drive away from the scene. Wilson admitted he was a member of the Eight-Trey Gangster Crips. Appellant had admitted membership in the same gang on previous occasions. A Los Angeles Police Department…