People v. Tamayo CA2/2

FACTS AND PROCEDURAL BACKGROUND

1. The killing On November 5, 2012, appellant, Alejandro Rodriguez, “J- Bug,” and Arturo Dircio—all members of the Rockwood gang— planned a “mission” to enter rival gang territory and shoot any members of the 18th Street gang they found. Dircio stayed behind to serve as the “lookout” for the mission. The others ventured across enemy lines and found two 18th Street gang members, Luisa Navarro and Luis Gonzalez, sitting on steps of an apartment. While the others stood nearby, Rodriguez approached Gonzalez and asked, “Where are you from?” Rodriguez then reached for his gun, Gonzalez tried to grab it, and a struggle ensued. Rodriguez got ahold of the gun and shot Gonzalez several times, causing his death. Rodriguez and his onlooking associates then ran off in different directions. An officer who happened to be “directly south” of the shooting heard the gunshots, and seconds later intercepted appellant who was running down the street, “breathing heavily, . . . sweating profusely, [and] excited.”

1 Undesignated statutory references are to the Penal Code.

2 2. Rodriguez’s conviction A jury convicted Rodriguez of first degree murder and found…