In re Timberlake CA5

BACKGROUND

I. The crimes

We reproduce the summary of facts of the crimes from our opinion in Timberlake’s first direct appeal, People v. Timberlake (Aug. 22, 2018, F073543) [nonpub. opn.] 2018 WL 4002008 (Timberlake I).

On the evening of November 7, 2014, Timberlake and his friend, Donnell Robinson, a Country Boy Crip, went to a “fish fry” and to have a couple of drinks at a friend’s house. Later, Timberlake and Robinson went

1 Undesignated statutory references are to the Penal Code.

2. to purchase more alcohol and then headed to Martini’s, a bar adjoining a bowling alley in Bakersfield.

At Martini’s, Timberlake and Robinson socialized in the parking lot with other members of the Country Boy Crips. Also in the parking lot were members of a rival gang, the Eastside Crips.

Shortly before 10:30 p.m., a red Infiniti, driven by Eastside Crip Lionell McGee, stopped in the parking lot near Robinson’s vehicle. Timberlake noticed the red Infiniti and thought it was unusual because it was parked laterally across the front of several parking spaces instead of in the parking space. After McGee got out of the Infiniti, Timberlake approached him from the rear of the car. According to…