People v. Damagnus CA4/2

I. FACTUAL AND PROCEDURAL BACKGROUND2

In 2003, defendant committed a robbery of a business with several associates.

Testimony at trial established that as defendant ran from the scene, he fired several shots

at two brothers who were working at the business. However, one of defendant’s

associates, who originally identified defendant as the shooter during an investigatory

interview, testified that he, rather than defendant, fired the gun. (Demagnus I, supra,

E046214; Demagnus II, supra, E074271.)

On January 17, 2008, a jury found defendant guilty of two counts of attempted

murder (§§ 664, 187, subd. (a), counts 1 & 2), two counts of assault with a firearm

1 All further statutory references are to the Penal Code unless otherwise indicated.

2 We granted defendant’s request that we take judicial notice of this court’s opinions from defendant’s appeal from the judgment (People v. Demagnus. (Aug. 28, 2009, E046214) [nonpub. opn.] (Demagnus I)), and defendant’s appeal from his former section 1170.95 petition (People v. Demagnus (July 29, 2020, E074271) [nonpub. opn.] (Demagnus II), both of which the People requested the court below take judicial notice. Although we recount the…