P.

FACTS AND PROCEDURAL BACKGROUND

On March 20, 2004, Albert Johnson was shot and killed in a drive-by shooting in Seaside, California. Johnson was a member of K.A.P., a Seaside street gang. On that same day, DeShawn Lee, an associate of a rival gang named Seaside Crips, was arrested and taken into custody on suspicion of driving the car from which Johnson was shot. Lee’s family of six adults and three children lived at 1246 Sonoma Street in Seaside. On March 26, 2004, the day of Johnson’s funeral, defendant and another man participated in a drive-by shooting at Lee’s house at 1246 Sonoma Street. Additional details may be found in People v. Porter, No. H029031 (nonpub. opn.) (Porter I), but they are irrelevant to this appeal. As we described in defendant’s first appeal, Porter I, supra, No. H029031, the jury convicted defendant of two counts of attempted willful, deliberate, and premeditated

2 murder (Pen. Code, §§ 187, subd. (a), 664, subd. (a))1, shooting at an inhabited dwelling (§ 246), two counts of assault with a semiautomatic firearm (§ 245, subd. (b)), carrying a loaded and concealable firearm registered to a different owner (former § 12031, subd. (a)(2)(F); Stats. 1999,…