People v. Rios CA2/4

BACKGROUND

I. Factual Background

The underlying facts as detailed in our previous opinions are not disputed by the parties. Indeed, both parties relied on our prior opinions for

Effective June 30, 2022, former section 1170.95 was renumbered to section 1172.6 with no change in text. (Stats. 2022, ch. 58, § 10.) All further undesignated statutory references are to the Penal Code. 2 the factual summaries in their appellate briefs. We summarize that evidence here, while noting that the trial court properly relied on the record from appellant’s trial. (See § 1172.6, subd. (d)(3).) Appellant and co-defendants Javier Martinez, Marvin Zarceno, and Jose Gomez were members of the Crazy Riders gang. On November 4, 1995, Zarceno and another Crazy Riders gang member, Richard Startz, entered a clothing store owned by E.P. and her husband R.L.2 After Zarceno and Startz got into an argument with R.L., Startz lifted his shirt, displaying a silver semiautomatic gun. Zarceno left the store to call his “homeboy[s],” and Startz told R.L. he would kill him. (Martinez, supra, B113156.) Zarceno returned to the store with appellant, Martinez, Gomez, and several other Crazy Riders, including…