Watkins

I. FACTS

A. Prosecution evidence At approximately 3:30 a.m., on July 17, 1990, defendant, then 21 years of age, and his younger cousin, Lucien Martin, then 18 years of age (see ante, fn. 3), approached Anthony Orosco and his friend Juan Gallegos, who were seated in the cab of Orosco‟s black Nissan pickup truck, parked at a market in Home Gardens, Riverside County. The truck was a 1990 model, approximately four months old. Defendant ordered the two men out of the truck and struck Orosco on the face with a black nine-millimeter semiautomatic pistol. Defendant aimed the nine-millimeter pistol at Orosco and said, “get the hell out of here”; Orosco left his keys in the

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true allegations that defendant (1) had suffered a prior conviction for “grand theft person” in violation of section 487.2, for which he had been committed to state prison, and that he committed a subsequent offense resulting in a felony within five years of the prison term within the meaning of section 667.5, subdivision (b); and (2) that defendant had suffered prior felony convictions, including the “grand theft person” violation in early May 1988, mentioned above, possession…