People v. Superior Court (C.S.) CA5

BACKGROUND AND PROCEDURAL HISTORY3

I. See I

In 2006, when C.S. was 16 years old, he and four other males approached 16-year- old Robert Trevino in the street. C.S. and his group were members of the Oriental Troops gang. Trevino was a rival Norteño gang member. One of the individuals with C.S. shook hands with Trevino and pointed. As Trevino turned to look, C.S. shot him in the head from three or four feet away.

All further undesignated statutory references are to the Welfare and Institutions Code. All further undesignated rule references are to the California Rules of Court. We take judicial notice of our prior nonpublished opinions in People v. See (Dec. 18, 2009, F055800) (See I), People v. See (Apr. 3, 2018, F075084) (See II), People v. See (Sept. 23, 2021, F079261) (See III), and People v. C.S. (Mar. 13, 2024, F085426) (C.S.); and we take judicial notice of the record in C.S., which contains Dr. Weinstein’s 2015 report prepared in advance of C.S.’s 2016 resentencing hearing. (Evid. Code, §§ 452, subd. (d), 459.)

2. In 2008, C.S. and two group members were tried for Trevino’s murder.4 C.S. was convicted of murder (Pen. Code, § 187, subd. (a)) and…