People v. Valdez CA2/6

FACTS AND PROCEDURAL HISTORY

This appeal concerns crimes committed in Santa Maria on a single day by “Northwest” criminal street gang members against “West Park” criminal street gang members. Northwest gang members discharged a firearm at an occupied motor vehicle, committed an attempted robbery of Jorge Zirate and three other West Park gang members, and then fatally shot Zirate. Northwest gang associates Ernesto Ruiz and Orlando Diaz participated in the crimes but later entered into plea agreements with the prosecution and testified at trial against fellow gang members Valdez and Issac Garza. Valdez was convicted of first degree murder and attempted second degree robbery, with findings that a principal discharged a firearm causing death and that he committed the crimes to benefit a criminal street gang. (§§ 187, subd. (a), 189, 664, 211, 12022.53, subd. (e)(1), 186.22, subd. (b).) Discharge of a Firearm at an Occupied Motor Vehicle On September 1, 2008, the occupants of a Toyota Camry automobile pursued and fired a firearm at Ruiz as he drove in Santa Maria. Ruiz then sought the aid of his brother Javier, Garza, and Diaz to locate the automobile and “fight” its occupants. Javier…