People v. Frazier CA3

I. BACKGROUND

We take the facts from our prior decision. (People v. Frazier (Feb. 23, 2021, C082028) [nonpub. opn.] (Frazier).) Defendant killed his heroin supplier. A postal carrier saw defendant, armed with a revolver, arguing with another person. The other person walked away and defendant

1 followed. After the two men went between some buildings, the postal carrier heard gunshots and then saw defendant walk out. (Frazier, supra, C088702.) The victim was shot six times at close range, including once in the back. (Frazier, supra, C088702.) Defendant later told a friend he killed someone. (Frazier, supra, C088702.) Defendant lived at his parents’ home. His father discovered a revolver he kept at the house was missing. That gun was never found. (Frazier, supra,C088702.) In a videotaped interview with the police played for the jury, defendant claimed acquaintances must have stolen his father’s gun. Defendant first denied being at the scene but then admitted going to the victim to beat him up because the victim had threatened his family. Defendant said his companion shot the victim. (Frazier, supra,

C088702.)

At trial, defendant disavowed his police interview statement admitting…