People v. Jones CA2/4

BACKGROUND

A. Factual Background2 1. The Shootings on 84th Street and South Halldale Avenue Lester Turner and Andre Turner lived in a home on 84th Street in the City of Los Angeles with their grandfather, John Turner.3 Lester and Andre were members of the Eight Trey Gangster Crips gang.

Subsequent references to statutes are to the Penal Code. Effective June 30, 2022, former section 1170.95 was renumbered 1172.6 without substantive change. (Stats. 2022, ch. 58, § 10.) The following summary is taken from our prior opinion resolving defendant’s direct appeal to provide context. For ease of reading, we use the first names of the Turner family members and other individuals sharing the same last name. We intend no disrespect.

2 In the evening of October 20, 2005, John was sitting in a room inside the home facing the street. Lester, Andre, and a friend, Kevin Ingram, were in the driveway working on Lester’s car. Three African American men in their early 20’s and wearing hoodies drove a grey pickup truck down the street, got out of the truck, and walked toward the Turner residence. Unable to see the men’s faces, Andre said, “What’s up?,” and the men replied,…