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

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