People v. Rocha CA2/5

FACTS AND PROCEDURAL BACKGROUND

I. Facts3

A. The underlying crime In late August 2011, Lorenzo Terrazas (Terrazas) was at a

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

Effective June 30, 2022, section 1170.95 was renumbered section 1172.6, with no change in text (Stats. 2022, ch. 58, § 10). We therefore refer to the law formerly codified at section 1170.95 as section 1172.6.

We summarize these facts from the transcripts of the preliminary hearing conducted on June 25 and 26, 2012.

2 backyard party inside rival gang territory. Defendant confronted Terrazas and issued the traditional gang challenge “where [are] you from?” Terrazas responded with his affiliation. Defendant walked away but returned shortly afterwards and punched Terrazas in the face. Terrazas threw a return punch but missed. Bottles were being thrown and fights were breaking out when gunfire erupted and six shots were fired toward Terrazas. Terrazas suffered a grazing wound to the forehead and his girlfriend Cynthia Bravo was shot through her kneecap. Two other party attendees were also struck by .38 caliber bullets: John Garcia (Garcia) was shot in…