People v. Morales CA2/6

Facts and Procedural Background These facts are taken from our prior opinion in appellant’s direct appeal and are provided for context only. (See People v. Morales (Jul. 15, 2020, B294448) [nonpub. opn.].)2 Appellant, a Northwest and Sureño criminal street gang member, was in charge of collecting taxes from drug dealers in Northwest’s territory and “controlled the activities of the Northwest gang from within prison.” Gregorio Agustine, a member of the West Park criminal street gang, was “a shot caller for the whole [C]ounty of San Luis Obispo.” He “collect[ed] taxes [from drug dealers] in different neighborhoods.” The taxes were paid to “the big homies,” i.e., members of the Mexican Mafia. Agustine was a violent gang member. He had personally stabbed at least seven or eight people. He had been involved in “[a] lot” of shootings where he had “actually pulled the trigger.” Agustine and appellant “got real close with phone calls.” Appellant identified persons from whom Agustine could collect taxes. Agustine’s Version of Events Leading to the Murder Agustine testified as follows: Appellant complained to Agustine that Javier Limon, the murder victim, “didn’t want to pay taxes.” Limon,…