People v. Gutierrez CA3

I. BACKGROUND

Defendant and E.G were Norteño gang members. A short distance from the victim’s home, defendant climbed onto the handlebars of a bicycle pedaled by E.G. Defendant had a rifle and a handgun, while E.G. had a handgun. E.G. pedaled the bicycle to the front of the victim’s home where R.R. and his friend, K.O., were out front doing yardwork. R.R. and K.O. were Tongan Crip gang members. (Gutierrez, supra,

C083218)

E.G. fired his handgun towards R.R. and K.O. from the bicycle, while defendant fired the rifle on foot next to the bicycle. When they opened fire, R.R. ran inside and came back with an “Uzi” and returned fire. (Gutierrez, supra, C083218.) One bullet killed R.R. Another bullet injured K.O. (Gutierrez, supra, C083218.) After R.R. collapsed in the street, defendant and E.G. moved away from the home while still firing at the victims. (Ibid.) When detectives arrived, they found defendant and E.G. trying to put the rifle in defendant’s pants. The detectives took defendant and others into custody. Defendant had a rifle, three magazines loaded with rifle ammunition, a nine-millimeter semiautomatic handgun, and a red bandana. E.G. was holding a cell phone, had a…