People v. Jacobs CA2/2

FACTS AND PROCEDURAL BACKGROUND

I. Facts3

A. The underlying crime In July 2005, defendant was a member of the Insane Crips street gang. One night that month, defendant and a fellow gang member walked on the sidewalk past Edward Smith (Smith) and his friend, who were leaning against a car waiting for Smith’s girlfriend to park her car. The sidewalk was on a street that both the Insane Crips and one of its rival gangs claimed as their territory. When Smith saw defendant act suspiciously and took

All further statutory references are to the Penal Code unless otherwise indicated.

Effective June 30, 2022, section 1170.95 was renumbered section 1172.6, with no change in text. (Stats. 2022, ch. 58, § 10.)

We draw these facts from our prior, unpublished appellate opinion affirming defendant’s conviction on appeal. (People v. Jacobs (Jan. 22, 2008, B194536).)

2 off running, either defendant or the fellow gang member opened fire on him. Smith was shot in the arm. Although Smith and his girlfriend both positively identified defendant as the shooter prior to trial, each backed away from that identification at trial; the girlfriend admitted to being repeatedly…