People v. Ortiz CA4/3

FACTS

A complete recitation of the facts can be found in our prior 2 nonpublished opinion People v. Ortiz (Aug. 27, 2019, G056093) (Ortiz). Suffice it to say, the evidence established the following. Gang members Victor Lagunas and Sergio Cabezas were driving around Santa Ana. Lagunas had a .357 revolver, and Cabezas had a nine- millimeter semi-automatic gun. Lagunas saw Ortiz on the street and told Cabezas to pick him up. The three went driving in rival gang territory “looking for enemies.” Cabezas spotted gang member Benjamin Lopez. Cabezas parked the car and the three discussed who was going to get out and

2 On the court’s own motion and for good cause, we take judicial notice of this court’s record in case No. G056093. (Evid. Code, §§ 452, subd. (d), 459.)

3 shoot. Cabezas was worried about his car, so he gave Ortiz his gun and waited as the getaway driver while the other two got out. Ortiz and Lagunas walked to the corner and opened fire on Lopez. Emmett Adame, who was talking with Lopez, was shot in the back and killed. Ortiz and Lagunas ran back to the car, and Cabezas drove away. Cabezas dropped off Ortiz. A.P., who was dating Ortiz at the time of the shooting, heard the…