People v. Gomez CA2/1

BACKGROUND

1. Gomez’s 1991 jury trial The evidence at Gomez’s and Cordero’s trial showed that Cordero and Gomez were members of the Happy Town gang. On October 17, 1990, Cordero’s brother Jesus was assaulted by a person who claimed to be from “Cherryville,” a rival gang to Happy Town. A.D. observed the fight involving Jesus and heard the person fighting Jesus say “Cherryville.”1 Afterwards, A.D. told Cordero about the fight. Gomez was with Cordero at the time A.D. described the fight. A.D. testified that Cordero told Gomez to bring a gun and Cordero, Gomez, A.D. and three others drove back to Jesus’s school. Gomez placed the gun under the car seat. Cordero went inside the school and then the group, including Cordero, Gomez, and A.D., left the school in Cordero’s car. A.D. testified that, as Cordero was driving, somebody in Cordero’s car said, “There’s the truck.” Gomez handed Cordero the gun and Cordero fired four or five shots. A.D. further testified that she saw Gomez reach under the seat to retrieve the gun and saw him fire the gun. Carlos Valdez and Carlos Segura were in the back of the pickup truck identified by someone in Cordero’s car. Segura saw Gomez in the car with…