P. v. Johnson CA5
We previously summarized the facts underlying petitioner’s offenses as follows :
“After an evening together at a dance club, Lamar [R. ] and his cousin Curtis [R.] drove to a convenience store and parked their cars nearby. Lamar stayed outside while Curtis went inside to buy some water. After Curtis saw people outside ‘scurrying around as if they were leaving hastily,’ he and Lamar started back to their cars. In an alley along the way, Curtis saw [petitioner] and [co-defendant Arthur] Lenix walking toward them. He knew [petitioner], with whom he had played basketball a few times and with whom Lamar had attended school. [Petitioner] looked as if ‘he had had a couple of drinks,’ so Curtis, on the way by, ‘patted him on the chest, hey man, wake up.’
“Once [petitioner] and Lenix were behind Curtis and Lamar, Curtis heard a metallic object hit the ground. Lamar turned around and told him Lenix ‘dropped a .38.’
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