People v. Valdiviez CA2/3

BACKGROUND

I. Evidence at the preliminary hearing

At a preliminary hearing in 1991, evidence was introduced that Valdiviez and accomplices Rosendo Avalos and Mario Santacruz were involved in three shooting incidents on the evening of October 12, 1990. The first shooting occurred between 9:30 p.m. and 10:00 p.m. Joe Fierro and Jaime Morales were in a parked car in Baldwin Park. A burgundy “Regal” car with three occupants stopped alongside them. According to Fierro, Avalos was the car’s driver. Avalos got out of the car, asked Fierro where he was from, and shot at Fierro and Morales, wounding Fierro. The second shooting occurred soon thereafter, between 10:00 p.m. and 10:15 p.m. Cynthia Montes was down the street

1 All further statutory references are to the Penal Code.

Effective June 30, 2022, section 1170.95 was renumbered to section 1172.6, with no change in text. (Stats. 2022, ch. 58, § 10.)

2 from where the first shooting occurred with East Side gang members Naidene Montes, Jose Velazco, and Rudolfo Chavez. Cynthia Montes saw someone get out of a Regal car and start shooting. Chavez was shot and died. The third shooting involved Baldwin Park Police Officer Ken Shearen.…