P.

discussion portion of our opinion.

1 The Shooting On the evening of September 16, 2008, Norris shot and killed Edward Dismukes, who had previously been in custody with Norris in Santa Rita Jail. The shooting took place on 38th Street in Oakland while Norris was riding in a car driven by his girlfriend, Latoya Estrada. While driving on 38th Street, Estrada saw a bicyclist on her left. Norris ―said something about all the shit [the bicyclist] was talking in Rita, and then he started shooting . . . .‖ Estrada and Norris then drove away from the scene. A police officer who responded to the shooting found Dismukes lying on the ground with injuries to his left chest and right leg and groin area. A subsequent autopsy revealed Dismukes had been shot three times and that the gunshot wounds had caused his death. After the shooting, Norris and Estrada were arrested in San Jose and later turned over to the Oakland police. Norris’s Statements to the Police An Oakland police officer interviewed Norris and advised him of his Miranda rights. During the interview, Norris admitted to shooting Dismukes. Norris said he had heard Dismukes had shot appellant‘s cousin and that Dismukes was talking…