People v. Trivino CA6

I. FACTS AND PROCEDURAL BACKGROUND2

A. Facts On June 7, 2016, Trivino, a member of the Norteño criminal street gang in King City known as “San Antonio Gardens” (SAG), was riding in Kendrix Perez’s truck, with Perez, Ulises Silva, and another individual; Perez

2 We set forth the relevant facts from the trial evidence in the light

most favorable to the jury’s verdict. (People v. Luo (2017) 16 Cal.App.5th 663, 668, fn. 2; People v. Campbell (2020) 51 Cal.App.5th 463, 469.) 2 was driving. They saw a van occupied by individuals whom Trivino knew to be members of the Sureño criminal street gang.3 Trivino saw the same van “[m]inutes later” parked outside a residence on Cambridge Avenue and saw Sureño gang members at the residence. After driving by the residence on Cambridge, Perez parked the truck on Bedford Avenue, a neighboring street. Trivino and Silva exited Perez’s truck and walked to the corner, where they could see Heredia’s residence on Cambridge and a group of Sureños. Trivino fired the entire magazine of a nine-millimeter gun at the opposing gang members. Trivino and Silva ran back to Perez’s truck after the shooting, and Perez drove them away from the scene. Heredia died…