Davey

I. BACKGROUND/PRIOR PROCEEDINGS

On October 21, 2010, Crisp, along with Steven Brown Jr., was charged with multiple crimes arising out of a drive-by shooting that occurred on or about December 18, 2009, when Crisp was seventeen years old. Specifically, Crisp was charged with attempted murder (Count 1); discharging a firearm from a motor vehicle (Count 2); and assault with a deadly weapon (Count 3). With respect to Counts 1 and 2, the information alleged that Crisp personally used a firearm. The information further alleged with respect to Count 3 that Crisp personally used a firearm and that he personally inflicted great bodily injury upon the victim. Crisp pled not

Patrick Covello, Warden, Mule Creek State Prison, is substituted for Dave Davey, former Acting Warden, California State Prison, Corcoran. FED. R. CIV. P. 25(c). guilty, denied the allegations, and proceeded to a jury trial on October 28, 2010. On direct appeal of his conviction, the California Court of Appeal laid out the following facts underlying the charges against Crisp and the evidence presented at trial: On the night of December 18, 2009, defendants had difficulty finding a party hosted by Jennifer…