People v. Lopez CA4/1

BACKGROUND

A. Factual Background On the afternoon of May 23, 2016, 17-year old Quirino was hanging out after school with four friends ranging in age from 15 to 17 years old. The five teenagers were in front of an apartment complex on the corner of Delrose Avenue and Elkelton Boulevard in Spring Valley. Quirino and his friends hung out there regularly after school. Quirino’s friends testified at trial that

neither they nor Quirino were gang members.2 Quirino was sitting in his Camaro, which was parked in front of the complex, and his friends were standing around the car. A gray SUV drove up and stopped near the group of teenagers. A man, later identified as Lopez, got out of the passenger side of the SUV, walked toward the group, and asked them where they were from. Some of Quirino’s friends responded that they

The trial court read three stipulations to the jury concerning the group’s criminal history: Quirino had a true finding in a juvenile matter in 2015 for felony resisting arrest, a companion had a true finding in 2015 for throwing a substance at a vehicle, and another companion had a true finding in 2010 for felony battery. 3 did not “bang.” Quirino stood up, walked…