Pfeiffer

I. BACKGROUND/PRIOR PROCEEDINGS

Brown was charged with attempted premeditated murder and other offenses after he fired from the back seat of a friend’s car multiple rounds into the side of another vehicle, seriously injuring two of the vehicle’s passengers, Nehemiah and Garvin Johashen. On direct appeal of his conviction, the California Court of Appeal recounted the following facts underlying the charges against Brown and the evidence presented at trial: We begin with undisputed facts. On November 13, 2011, at about 8:30 p.m., Nehemiah and Garvin walked to a fast food restaurant on Elkhorn Boulevard in North Highlands. At the restaurant, Nehemiah called a friend, Trayvion Pointer, and asked for a ride. Pointer, who was on a date with Marquell Witten at the time, drove to the restaurant with Witten in the front passenger seat and picked up Nehemiah and Garvin, who got into the back seat. Pointer was driving a Volvo. Because the victims have the same last name, this Court will, like the California Court of Appeal, refer to them by their first names for clarity. Meanwhile, [Brown] was in the back seat of a Chevy Malibu in the restaurant’s drive-through. The Malibu…