People v. Felix CA4/1

STATEMENT OF FACTS

Appellate counsel has submitted an accurate summary of the facts of the offense. Given the court’s finding the record demonstrates Felix was the shooter, we believe the summary provides helpful background information. We incorporate the summary from the Felix’s opening brief. “The following statement of facts, which is based on the reporter’s transcripts of [Felix]’s trial submitted as exhibits in the prosecution’s opposition to the petition, is limited to the evidence relevant to the issue

2 presented in this petition, i.e., whether [Felix] is guilty of first degree murder under current law. “Juan [M.] had known [Felix] for 10 years and was married to [Felix]’s sister, Rosa. [Juan] had been earning a living by selling marijuana for the past seven to eight years. Throughout that time, he had bought marijuana from [Felix] and sold it to him. [Juan] had seen the victim, Pedro [G.], on one occasion when [Felix] came to [Juan]’s house to drop off some marijuana but did not know [Pedro] personally. “In early October 2005, [Felix], his brother Alfredo and his cousin Cristobal came to visit [Juan]. [Felix] was driving a white Dodge Magnum, which he had rented.…