People v. Jenkins CA4/2

FACTS

A. Jenkins’s Trial, Conviction, and Direct Appeal

At Jenkins’s trial, the prosecution presented the following evidence, which we

take from our unpublished decision in her direct appeal. (People v. Jenkins (June 15,

2012, E052342) [nonpub. opn.] (Jenkins I).) On February 23, 2009, Jenkins and her two

brothers, Harrell and Drake, visited the home of Samuel Cotton to purchase marijuana.

When Cotton’s sister-in-law, S., answered the door, Jenkins told her they wanted to buy

$10-worth of weed from the victim. S. told Jenkins to come inside, but Jenkins hesitated

so S. closed the door and went back to the kitchen where she had been washing dishes.

A short time later, S. heard Jenkins ask Cotton for marijuana. Cotton asked, “Wait

a minute . . . Who’s with you?” and Jenkins replied she was with her “folks.” Jenkins

then went into the kitchen and talked with S., who continued to wash dishes until she

heard a male voice say, “Don’t move.” S. looked to where Cotton was sitting at the

dining table and saw a man—later identified as Harrell—holding Cotton in a choke hold

and pointing a gun at Cotton’s head. Harrell was wearing a black hooded sweater and had

a sheer…