People v. Wilburn CA3

I. BACKGROUND

The information alleged defendant murdered R.H. and that he used a car as his weapon. (Pen. Code,1 §§ 187, subd. (a), 12022, subd. (b)(1).) The information also

1 Undesignated statutory references are to the Penal Code.

1 alleged defendant had a prior conviction that was both a strike and a serious prior felony. (§§ 677, subd. (a), 1170.12, subd. (b).) On the day of the murder, defendant and K.W. went to the grocery store. M.H. and her husband, R.H., went to the same grocery store. As the four were walking back to their cars in the parking lot, R.H. and defendant got into an argument. While she was putting away her groceries, M.H. saw defendant’s car driving down the traffic lane behind her car and heard more arguing. One witness heard R.H. say, “Bitch ass mother fucker, get out of the truck. I will whoop your ass.” Defendant drove his car to where R.H. was standing. K.W., who was in defendant’s car, testified defendant stopped near R.H. and the arguing continued. R.H. hit the side passenger window of defendant’s car with his hand. Defendant drove off, circled the parking lot again, and returned to R.H. According to K.W., defendant drove off a third time and…