People v. Preciado CA1/1

I.

FACTUAL AND PROCEDURAL BACKGROUND

We briefly summarize the facts of defendant’s crimes, which are unnecessary to the resolution of this appeal. Dianna D. and Robert P. lived in a homeless encampment near the bike trails between Berkeley and Richmond. One night, Robert and Marvin B. were going to help Dianna with the completion of the platform for her tent. While they were standing on the platform under some tarps talking, Marvin started smoking. Because Dianna was asthmatic, at her request, Marvin stepped away. Shortly thereafter, defendant shot Marvin in the abdomen with a bow and arrow and then struck him two times on the head and “maybe” three times on the shoulder. In the meantime, after Marvin walked around the corner, Dianna heard a “weird” noise. When Dianna went to check on Marvin, she discovered him face down on the ground. He was unresponsive. At this point, Dianna noticed that Robert was no longer behind her and heard him say he had been “hit” by “Panda,” who Dianna identified as defendant. Robert “pulled two arrows from himself.” Defendant admitted he shot Marvin B. and Robert P., but claimed he acted in self-defense. Around Halloween, before the incident,…