People v. Miranda CA5

FACTS

On July 23, 2019, Salciedo and his friend, David Phillips, encountered two other individuals behind a gas station, resulting in one of them shooting and killing Salciedo. Based on their investigation utilizing security footage from the inside of the gas station shortly before the shooting, police eventually determined the two other individuals were appellant and Gilbert Lopez. According to the security footage, later corroborated by a Facebook post, at the time of the shooting, appellant was wearing a light grey colored shirt and Lopez was wearing a black shirt and a baseball cap. Valerie Odeh was an eyewitness to the shooting. She was Salciedo’s friend and was giving him a ride in her Tahoe to the area near the gas station. At one point before reaching their destination, Odeh stopped the vehicle, two individuals Odeh did not know (later identified as appellant and Lopez) walked by, and one of them said, “What’s up, dog?” to Salciedo. Salciedo responded by saying, “What’s up?” At the time, Odeh did not think much of it; they drove down the road, and Salciedo saw Phillips and got out to speak to him. Odeh made a U-turn to leave the area and saw the same two individuals from…