People v. Hill CA1/1

I.

BACKGROUND

A. Factual Background The following facts were set forth in this court’s prior nonpublished opinion, People v. Hill (Nov. 19, 2013, A135250) (Hill I): The victims grew medical marijuana in their home in West Oakland. Defendant learned of the grow operation, and he and three accomplices decided to rob the growers of their marijuana. During the robbery, the victims panicked and fled the house. When they reached the front yard, they encountered one of the robbers with a submachine gun. One of the victims struggled with the robber over the gun, during which the victim was shot. Defendant and his accomplices fled, and the police found the victim dead. Another individual, who had been in custody the day of the robbery, informed police defendant had told him about the robbery and shooting, and he believed defendant had been wielding the submachine gun. Defendant admitted being involved in the robbery but denied having a gun. B. Procedural Background “Defendant was charged with murder, including special circumstances allegations that he committed the murder while engaged in a burglary and a robbery, with enhancements for personal use of a firearm, intentionally discharging…