People v. Salamanca CA2/1

BACKGROUND

Because one of the issues on appeal is whether the trial court relied on our opinion in Salamanca I as evidence that Salamanca is still guilty of murder and attempted murder, we describe our recitation of the facts in that opinion, followed by the trial court’s own recitation of the facts. A. Salamanca I In Salamanca I, we gleaned the facts from the reporter’s transcript of the trial and set them forth as follows: “Defendant is a member of the Compton Varrio 70 (CV70) street gang. On October 5, 2005, CV70 gang leader David Guerrero ordered several gang members driving in two cars to commit three shootings as part of a longstanding conflict between CV70 and ‘Piru,’ a rival gang. Following Guerrero’s instructions, defendant drove several fellow CV70 members to a gas station, where two individuals exited his car and shot Charles Smith and Jazmine McKinney with two handguns and an AK-47 assault rifle. Both victims survived. Defendant then drove to Gibson Street, where someone in the car leaned out the front passenger window and shot at a house with the AK-47. Finally, he drove to a parked car containing Dewan Ferguson and Melvin Walker, members of the Leuders Park Piru…