People v. Trejo CA2/2

BACKGROUND

I. Facts2

In 2009, Trejo was a member of the 12th Street Sharks gang. (Trejo, supra, B259298 at p. 2.) In November 2009, a fellow gang member, Robert Caballero (Caballero), sent Trejo a text message asking for his help, explaining that Caballero needed to “‘fix’” “‘two hoes that [were talking] about [his] bike ride’” which referred to an incident earlier that year in which Caballero “had been riding on a bicycle and asking about [a murder victim] moments before [he] was gunned down[.]” (Trejo, supra, B259298 at p. 3.) “When Caballero asked if Trejo knew what he meant, Trejo responded, ‘GT THT.’” (Ibid.)

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.) For simplicity, we refer to the section by its current numbering.

We provide these facts, drawn from our nonpublished opinion in Trejo’s direct appeal from his conviction (People v. Trejo (May 26, 2016, B259298) [nonpub. opn.] (Trejo)), for context only.

2 Soon thereafter, Trejo got in a car with Caballero and two women, Jessica Garcia (Garcia)…