P.

FACTS

1. Procedural background The underlying proceeding involved three trials. The first jury deadlocked on both counts and the court declared a mistrial. The second jury found defendant guilty of

1 All further statutory references are to the Penal Code unless otherwise indicated. 2 In January 2012, this section was renumbered as section 29815. 2 unlawful firearm activity but deadlocked on whether defendant was guilty of first degree murder, and a mistrial was declared as to that count.3 The third jury found defendant guilty of first degree murder and found the firearm and special circumstance allegations to be true. 2. Prosecution evidence4 On January 17, 2006, Emilio Isaac Huesca was driving a red Cadillac owned by his friend, Armando Arias, in the City of Los Angeles, with Arias as a passenger. The Cadillac was equipped with various electronics including television screens mounted on the back of the front seat headrests, and a PlayStation. At approximately 11:45 p.m., Detective Kelle Baitx of the Los Angeles Police Department responded to a shooting call and found Arias in an alley behind his house. Arias had been shot several times and was on his knees…