People v. Pena CA4/2

BACKGROUND

The facts leading to defendant’s conviction and some details of his sentencing are

taken from our opinion issued in appeal People v. Pena (2012) 207 Cal.App.4th 944

(Pena).

Defendant and his brother, Bobby Steven Pena (Bobby), were members of the

Brown Pride Crew gang. (Pena, supra, 207 Cal.App.4th at p. 947.) In August 2007,

after their mother had been targeted by a rival gang, defendant confronted an associate of

a rival gang (the first victim) who was walking with his friend (the second victim).

Defendant yelled insults at the first victim and asked him if he wanted to be shot.

Defendant drove off but returned shortly in his car accompanied by Bobby, who was

riding in the back seat of another vehicle driven by a cousin. Bobby shot at the first

victim. (Ibid.)

In 2010, a jury convicted defendant and Bobby of attempted murder (§§ 664, 187,

subd. (a), count 1), two counts of assault with a firearm (§ 245, subd. (a)(2), counts 2 &

3), discharging a firearm from a motor vehicle (former § 12034, subd. (c), count 4) and

actively participating in a criminal street gang (§ 186.22, subd. (a), count 5). (Pena,

supra, 207 Cal.App.4th at p. 946.) The jury also…