The People v. Ojeda CA6
Opinion
Opinion
Elia, J.
Background Hayward Brandon supported himself by selling small amounts of marijuana, often from a car in front of a fast-food restaurant. On June 10, 2007, he was selling from a rented Mitsubishi Galant. On that day defendant asked his close friend, Daniel Lopez, to arrange a marijuana purchase for him. Lopez was then dating defendant's cousin, Sonia Macias. Lopez let defendant use his cell phone to call Brandon to arrange the transaction, and an uncle or cousin of either Sonia or defendant gave Lopez and defendant a ride to a McDonald's restaurant near Alviso and Santa Clara. After waiting for Brandon for five minutes, Lopez went into the McDonald's to use the restroom. When he emerged, he crossed paths with Brandon, who appeared to be in pain. When Brandon collapsed in front of him, Lopez quickly left the restaurant. The car he had arrived in was gone, as was Brandon's car. Lopez called Macias, who arranged for another of her cousins, Corrina Amarillas, to pick him up at a Carl's Jr. nearby. Amarillas drove Lopez to a bush where he had hidden some methamphetamine paraphernalia, and the two then went to Alviso to pick up Macias. Lopez saw that she was…