The People v. Gutierrez CA5

FACTS

I

PROSECUTION EVIDENCE

On March 22, 2008, Tommy and Eloisa Gonzales were married in Turlock.2 Roger Villanueva, whose nickname was “Smoke da Villain,” was one of the groomsmen. His girlfriend, Irma Bernal, was a bridesmaid. Members of the wedding party wore red and white. The wedding reception was held at the Grange Hall in Hilmar. More than 100 people attended. In keeping with the wedding party‟s color scheme, the color red predominated in their clothing. Entertainment at the reception included a group of Eloisa‟s friends who called themselves Spit Flame and who rapped and sang. Villanueva and Rene Zarate (“Bullet G”) were among the group‟s members.3 1 All statutory references are to the Penal Code unless otherwise stated. 2 Except as otherwise specified, references to dates in the statement of facts are to the year 2008. For the sake of clarity, and because sometimes last names were not given, we refer to several persons by their first names. No disrespect is intended. 3 One of the group‟s founders Moses Rodriguez (“Rap Addict”), had been shot and killed in the “Woods” area of Turlock about a year earlier. Eloisa was godmother to his son.

2. Defendants…