People v. Graham CA4/2

I. FACTS

On December 11, 2018, Graham was at Michael P.’s residence along with Joson

L. While they were there, Michael P.’s sister and Graham’s girlfriend “Zakarriya B.” or

“Zee,” got into a fight outside. Joson was already outside at the time and attempted to

break up the fight. Graham then came outside and told Joson, “ ‘Don’t hit her.’ ” Joson

assumed Graham was referring to Zee, and told Graham, “ ‘Nobody hit her. But if you

think somebody hit her, then please, by all means, what do you want to do about it?’ ”

Graham told Joson, “ ‘Let’s go to the back.’ ” However, after a minute or so, Joson

decided not to go to the back and instead tried calling someone. As soon as he did,

Graham ran up to him and stabbed him.

People v. Wende (1979) 25 Cal.3d 436; Anders v. California (1967) 386 U.S. 738.

These facts are taken primarily from the preliminary hearing transcript.

2 On September 30, 2019, the Riverside County District Attorney charged Graham

with attempted second degree murder. (Pen. Code, §§ 664/187, subd. (a).)3 The district

attorney also alleged two enhancements: that Graham personally inflicted great bodily

injury (§§ 12022.7, subd. (a), 1192.7, subd.…