People v. Cervin CA3

BACKGROUND

In 2007, the People charged Cervin with the first degree murder (§ 187, subd. (a)) of M.G. and alleged that Cervin committed the offense for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)) and that a principal personally used a firearm (§ 12022.53, subds. (b), (c), (d) & (e)(1)). At trial, M.G.’s girlfriend testified that she was driving M.G. home on the night of December 22, 2006. As they approached M.G.’s home, they encountered an occupied silver car blocking the driveway entrance. When the car did not move, M.G. honked the horn. The silver car moved forward, M.G.’s girlfriend turned into the driveway, and M.G. got out. The silver car traveled a few houses down before reversing back to the driveway. M.G.’s girlfriend attempted to reverse out of the driveway but was blocked in by the silver car. M.G. threw up his arms and yelled, “What the fuck?” The driver rolled down the window. The four male occupants of the silver car were smiling. After the driver and the front seat passenger said something back to M.G., the front seat passenger shot M.G., killing him. M.G.’s girlfriend saw no remorse in their facial expressions; rather, they looked “like they just…