People v. Taituave CA2/2

FACTS AND PROCEDURAL BACKGROUND

1. Underlying crimes2 Appellant and two confederates were members of the gang Sons of Samoa (SOS). The victims—four family members—were affiliated with the West Side Piru gang. These were the father, Joe Ho-Ching, the mother, Maria Ho-Ching, the daughter, Sheila Ho-Ching,3 and Sheila’s cousin, Faasooso Tautolo. Beginning in November 2008, the SOS gang vandalized the Ho-Ching residence.

1 Undesignated statutory references are to the Penal Code.

2 We draw these facts from the unpublished opinion from the direct appeal. (People v. Taituave (May 15, 2012, B225435).) 3 We use first names for those family members who share a last name.

2 In February 2009, a gold Kia drove slowly by the residence several times. Sheila recognized appellant’s codefendant, Johnny Filipo (Filipo), and another man, Ross Samana (Samana), as occupants of the car. Filipo flashed SOS gang signs, yelled derogatory words, and threatened, “I will be back.” Joe called his son Daniel who lived nearby to see if he knew the people who were driving by his home. Daniel went to the Ho-Ching residence, and then drove around the neighborhood in search of the gold Kia, but did not see it.…