Sherman

Background 24 I have reviewed the background summary drafted by the state appellate court on direct 25 appeal. It is correct, and I reproduce it here: 26 On January 18, 2014, the victim was beaten and fatally shot in an apartment complex courtyard. During trial, the prosecution introduced evidence of numerous text messages. One series of texts from the victim to defendant indicated the victim had a quarrel with defendant and codefendant before the murder. Another series of texts involved codefendant asking a friend for a ride (for himself and defendant) after the murder. Defense counsel moved to exclude the texts from the victim’s phone but not the texts sent by codefendant. Text Messages from the Victim to Defendant In the days leading up to the January 18 murder, the victim sent several text messages to defendant, regarding a dispute over a gun: 6 “When you gonna see mee bro i’m tired of chasin ur bitch ass and why u lie to people, u knew gun was there cuz i called u before you left apartments, fukin pun.” (Sent Jan. 16, 2014 at 4:37 p.m.) …