People v. Montes CA2/8

STATEMENT OF FACTS

The pertinent facts presented at the evidentiary hearing were not complex.2 On January 29, 2006, Montes was driving a car with co-defendants Saul Diaz (Kuete) and “Coco” as passengers. Kuete and Coco were looking for rival gang members or information about rival gang members who had severely beaten up a member of their gang the day before. When Kuete spotted victims Randy Green and Russell Thompson walking on the sidewalk, he ordered Montes to pull over near them. After asking “Where you from?” Kuete and Coco got out of the car and

We grant Montes’s request that we take judicial notice of the record on appeal from the original judgment. At the evidentiary hearing the trial court considered the transcripts of the trial.

3 began chasing Green and Thompson, who were running away. Green recognized Kuete as someone who had jumped him before, hitting him in the arm with a pipe. As they were running, Green heard something cock back as if it were a firearm and Thompson heard 12 gunshots. Kuete and Coco began shooting at the victims multiple times and then returned to the car. Montes drove them away. Green was hit in the arm and the buttocks area. Thompson was…