People v. Shaw CA2/8

BACKGROUND

We grant Shaw’s request for judicial notice of the record in her previous appeal, from which we draw these facts. On September 5, 2019, Jose Estrada was smoking marijuana with two women at about 5:00 a.m. in a homeless encampment in Los Angeles. Seemingly angry, Shaw walked past the group and returned five to 10 minutes later. She had previously told Estrada to stop selling drugs in the encampment. (People v. Shaw, supra, B312145.) When Shaw returned, she was carrying a gallon of liquid. She poured some of the liquid on Estrada’s lower left leg. Estrada believed she had tossed some of the liquid towards his head, and he raised his arms to protect his face. The liquid splashed on his wrist and forearm. Estrada smelled gasoline, looked down, and saw his leg, wrist, and fingers were on fire. He ran, throwing himself onto a patch of dirt to extinguish the fire. The burns on Estrada’s leg required multiple surgeries and skin grafts. (People v. Shaw, supra, B312145.) At the original sentencing hearing, the People presented evidence that Estrada suffered post-traumatic stress disorder (PTSD) from the offense; he was in “excruciating pain” from multiple surgeries; he was…