People v. McCoy CA3

BACKGROUND

Defendant was charged with murder (Pen. Code, § 187, subd. (a))1 and being a felon in possession of a firearm. (§ 29800, subd. (a)(1).) Three firearm enhancements were also alleged for the murder charge (§§ 12022.5, subd. (a), 12022.53, subds. (b)-(d)) and five factors in aggravation were alleged for sentencing purposes. At defendant’s trial, several witnesses testified to seeing defendant and Lynch argue in a parking lot where they both sold drugs. Lynch was shot during the argument and defendant walked away. Police officers found Lynch dead at the scene and the coroner later determined he died from a gunshot wound to his head from a bullet entering his jaw at his chin and traveling upwards to the back of his head. He also had a gunshot wound to his right hand and it was possible the same bullet caused both injuries. A surveillance video from a nearby restaurant played at trial showed defendant and Lynch arguing. Defendant then pulled a gun out of his pocket, got close to Lynch with the gun, smoke is then seen between the two, and Lynch falls. Defendant immediately turns around and walks away. Defendant testified he had a gun that day but did not intend to shoot…