People v. Huante CA3

BACKGROUND

I. According to the evidence at trial, in late February or early March 2011, Huante attempted to sell cocaine to brothers Frankie F. and M.F.2 Frankie F. and some others were in Frankie F.’s black Chevrolet Impala when Huante approached and asked if they wanted to buy cocaine. Frankie F. and Huante agreed to meet later to complete the sale. Frankie F. and M.F. decided to rob Huante when he showed up with the cocaine. Frankie F. called Huante, and when he arrived, Frankie F. took the drugs, pulled out a gun, and told Huante to “back up.” Frankie F. and M.F. then drove off. As they drove away, shots were fired at them. M.F. heard five gun shots, though none hit their car. Huante later told codefendant Vincent Rivera that Frankie F. had robbed him. A few weeks later, P.A. and A.A. were sitting in P.A.’s black Chevrolet Impala at a stoplight when Huante leaned out the window of a truck and shot at them. Rivera was in the driver’s seat of the truck. P.A. testified that he did not know Huante or Rivera and had never done a drug deal or stolen drugs. In April 2011, Frankie F. and M.F. were parked at a strip mall in Frankie F.’s black Chevrolet Impala when Rivera pulled up in…