P.

INTRODUCTION

On the afternoon of March 8, 2007, appellant/defendant James Evertt White confronted Stephen Jackson on a residential street in Merced. Defendant was angry that Jackson was living with defendant‟s former girlfriend, Lashe Castle, and that Castle had obtained a restraining order against defendant. Defendant produced a black billy club or “asp,” and hit Jackson with it. Jackson and defendant briefly fought on the street, stopping traffic and attracting neighbors. When Jackson allowed defendant to get up, defendant produced a small gun and fired two shots which hit Jackson in the chest, arm, and neck. Defendant immediately left the scene. The chest wound was fatal and Jackson died within minutes. Jackson‟s 11-year-old son was present during the fight and the fatal shooting. At the beginning of trial, defense counsel said in opening statement that the evidence would show the homicide occurred as a result of self-defense or heat of passion. During trial, however, defendant testified that he never fired the gun, and it accidentally discharged when a bystander intervened and struggled to take control of the weapon. The prosecution produced that bystander as a rebuttal…