Gudiel

FACTS

Gudiel, William Torres, and Pedro Pena were members of the West Side Locos gang. On October 6, 2004, Edgar Babayan and William Torres were hanging out in Pelanconi Park in Glendale. Gudiel called and asked to be picked up at his girlfriend’s house; he was having a bit of trouble with some guys. Gudiel’s girlfriend lived in the area belonging to the Toonerville gang. The West Side Locos and Toonerville gangs do not get along. After receiving Gudiel’s call, Babayan, Torres and Pena, who had joined them, set off in Torres’s car. Torres was driving, Pena was in the front passenger seat and Babayan was sitting behind Pena. Gudiel was in the back seat with Babayan. Babayan testified he saw a wooden Dodger mini-bat and a duffle bag on the back seat of the car. He also saw an aluminum bat outside the car during the altercation, which was then brought into the car after the altercation. Babayan was a bit concerned that they were headed into Toonerville territory. About three or four minutes after they

Undesignated statutory references are to the Penal Code.

On January 31, 2024, we granted Gudiel’s request for judicial notice of the record on appeal, which includes the trial…