People v. Ledesma CA2/5

FACTS AND PROCEDURAL BACKGROUND

I. Facts

A. The underlying crime On a Friday night in April 1976, Steven Valencia showed up to an El Monte house party angry. Valencia was a member of the North Side Monte gang. Valencia asked his brother to join him in shooting a few guys he had seen on his way to the party; when the brother refused, Valencia extended the invitation to defendant, who was an associate of the gang. Valencia and defendant then left the party. Less than a mile from the house,

All further statutory references are to the Penal Code unless otherwise indicated.

Effective June 30, 2022, section 1170.95 was renumbered section 1172.6, with no change in text (Stats. 2022, ch. 58, § 10). We therefore refer to the law formerly codified at section 1170.95 as section 1172.6.

2 they opened fire on 12-year-old Anthony Meza and 14-year-old Hector Rodriguez. Meza died from gunshot wounds to the head; Rodriguez survived the gunshot wounds to his chest and legs. In the midst of the gunfire, either Valencia or defendant shouted, “North Side Montes.” Defendant then returned to the party, admitted to shooting the boys, and bragged that the shooting “should make…