People v. Underwood CA2/5

FACTS AND PROCEDURAL HISTORY2

Murder Conviction

In 1981, Underwood was involved in the robbery and killing of Joe Miyoshi, who died of a gunshot wound to the chest. Underwood was tried by jury. The prosecution presented evidence that four young men decided to commit a robbery and took a 12-gauge shotgun with them to accomplish the crime. They happened upon Miyoshi in a van in an alleyway. One of the young men pointed the gun at Miyoshi, and Miyoshi threw money out of the window. Miyoshi then tried to back up the van and escape, but hit a telephone pole. He opened the van door and threw out more

1 All further statutory references are to the Penal Code unless otherwise indicated. 2 The facts and procedural history up to the most recent section 1172.6 evidentiary hearing following remand are taken from this court’s prior opinion in People v. Underwood (Nov. 24, 2020, No. B304411 [nonpub. opn.]).

2 money. He begged the young man holding the shotgun not to shoot him. One of the young men saw Underwood, who was walking through the alley, and called him over to them. Underwood joined them and took the shotgun. He held Miyoshi at bay as the others ran. One of the young men looked back…