People v. Burciaga CA2/5

FACTS AND PROCEDURAL HISTORY

A. The Shooting3

On May 19, 2013, Edward Campbell, an original member of the Puente Trece gang and a member of its Perth Street clique, drove a vehicle to La Puente and picked up Adrian Torres, another member of that gang and a member of the Ballista clique. Campbell offered to give Torres a ride home, but told Torres that he first had to go to Burciaga’s brother Matthew’s house, to get answers about the death of a Puente Trece gang member who had been shot the night before. Torres knew there was “bad blood” between Campbell and Matthew. When Campbell and Torres arrived at Matthew’s house, there were three people outside in front of the garage: Mathew, Robert Valdivia, and Burciaga. Burciaga and Valdivia were members of the Puente Trece gang.

2 Contrary to the People’s assertions, viewing the trial court’s comments as a whole, it appears likely that the court intended to impose and stay 10-year enhancements pursuant to section 12022.53, subdivision (b) in counts 2 and 3. In light of our disposition, which remands for full resentencing, we need not address the issue.

3 The facts are taken from this court’s prior unpublished opinion in People v.…