People v. Lopez CA4/3

FACTS

I.

THE INDICTMENT

In 2007, Lopez was indicted for, inter alia, the attempted premeditated and deliberate murders of Jason, E.A., Marcos B., and Jose C. As relevant here, the indictment also charged Lopez with active participation in the Devious Hoodlums (DH) criminal street gang. And it alleged that Lopez committed the attempted murders for the benefit of DH.

II.

THE EVIDENCE AT TRIAL

In early December 2005, someone fired a gun at the residence of Gustavo R. Two days later, Jason was sitting on his bicycle in front of a school in Anaheim, talking with E.A., Marcos, and Jose. Jason and Jose stood side by side, about one foot apart, while E.A. and Marcos stood about four to six feet behind them. Jason was a member of the La Colonia gang, a rival of

DH.

At the same time, Lopez was driving in the area with three passengers, Jorge Correa, Victor Tapia, and Andres Garcia. Correa was in the front passenger seat and Tapia and Garcia were in the back passenger seats. After Lopez drove by Jason and the others, Correa said, “‘There he is. That is him.’” Lopez made a U-turn and stopped the car in front of Jason and the others. Someone in the car yelled out, “‘DH,’” and Correa…