P.

STATEMENT OF FACTS

Due to the nature of the issues in this case, we limit our recital of the facts to those

relevant to the conviction for attempted murder.

The victim testified that on July 10, 2009, he was working at a skate and surf store

in Riverside when two men entered the store and began examining the clothing racks.

After a few minutes, the men approached the cash register carrying clothing. Defendant

drew a gun and pointed it at the victim. Defendant then demanded money and warned

the victim not to try and summon help. Defendant also told the victim to give him his

cell phone. When the victim hesitated, defendant fired a shot into the wall.

As the victim obtained the money from the register, defendant and his

coperpetrator continued to threaten him, for example, saying that they knew where the

victim lived and where his children went to school. After he handed money to the

coperpetrator, the latter ran out the door shouting to defendant, “Blast these fools. Let’s

go.” Meanwhile, defendant was also moving toward the door, still pointing the gun at the

victim. As defendant then ran out after his coperpetrator, the victim followed and jumped

In…