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P. v. Bragg CA3
As the parties do, we take our summary of the relevant facts from this court’s prior opinion in Bragg’s direct appeal. (People v. Bragg (June 13, 1994, C015773) [nonpub. opn.].)
Sometime after 11:00 p.m. on May 5, 1992, gun shots were fired at a car occupied by Rachelle Jones and her boyfriend, Alfonso, from another car as they were driving on a freeway in Stockton. One of the shots struck Jones, causing her car to leave the freeway and come to rest against a cyclone fence. Jones died from a gunshot wound to the chest.
Alfonso testified that Jones had picked him up outside M.M.’s apartment complex on the night of the shooting. As Alfonso waited for Jones at a parking stall at the rear of the complex, M.M. pointed to a car that was leaving a nearby alley. Alfonso recognized the car as belonging to defendant. After Jones arrived and picked up Alfonso, she drove down the same alley that defendant’s car had driven through.

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