People v. Buford CA3

BACKGROUND

Surveillance video presented at trial showed F.S. in a line of people ordering food when Rivera and Buford crossed a street and approached him. In a subsequent interview with detectives after the crimes, F.S. said he used to buy marijuana from Buford, and defendants saw F.S. with money during those transactions. According to F.S., on the day of the crimes defendants told him, “We know you got some money so give me your money,” or that Buford asked F.S., “What’s up with that money?” F.S. claimed he did not owe Buford money and he interpreted Buford’s question as an attempt to rob him. Within a minute after approaching F.S., Rivera pulled out a gun and pointed it at him. F.S. slapped the gun down but Rivera stepped back and fired two shots at F.S., hitting him in the groin and thigh.

2 The jury found Rivera and Buford guilty of attempted robbery. (Penal Code, §§ 664/2111 -- count one.) It also found Rivera guilty of attempted murder (§§ 664/187, subd. (a) -- count two) and unlawful possession of a firearm (§ 29820 -- count three). The jury found true the allegations in counts one and two that Rivera personally used a firearm (§§ 12022.53, subd. (b), 12022.5, subd. (a)),…