People v. Chester CA2/2

BACKGROUND

I. Facts3

On October 15, 2010, defendant drove up to an apartment complex where Michael John Adame (Adame) lived. Defendant’s only passenger was a teenage girl. At the time, Adame was drinking beer in the front yard, along with his nephew, Edward Martinez (Martinez), and a few others. Martinez was a member of the East Side Clover gang, a rival of the Lincoln Heights gang.4 Defendant got out of his car, a white truck, and began fighting with Martinez. Shortly thereafter, defendant said, “Lincoln Heights,” and punched Martinez in the face three or four

All further statutory references are to the Penal Code unless otherwise indicated.

Effective June 30, 2022, former section 1170.95 was renumbered section 1172.6, with no substantive change. (Stats. 2022, ch. 58, § 10.) For simplicity, we refer to the section by its new numbering.

These facts are taken from the preliminary hearing transcript, which was admitted into evidence at defendant’s section 1172.6 evidentiary hearing.

On appeal, defendant confirms that he was a member of the Lincoln Heights gang.

2 times. Defendant yelled, “‘I’m Gunner from the Heights. You’ll see. You’ll get…