Ornelas
People v. Ornelas
Opinion
Opinion
Gilbert, J.
A defendant and his counsel appear in court for sentencing. The court inadvertently omits to ask whether there is any legal cause not to pronounce sentence. Defendant does not object. Here we hold that reversal of the judgment is not required absent a showing of prejudice.
FACTS
On August 2, 2004, Ornelas drove several Eastside gang members to the west side of Santa Barbara. Prior to leaving, Ornelas directed his passengers to leave their tire irons in the trunk of his Lincoln Town Car. When Ornelas drove by a market, he saw Alejandro M. and Brian R., Westside gang members, standing in front of the market. He stopped his car, his passengers retrieved their tire irons, and a fight ensued. Another vehicle containing Eastside gang members also stopped and its occupants joined the fight.
Alejandro M. and Brian R. suffered serious and deep stab wounds inflicted by a passenger in the second vehicle. When police officers later found Ornelas’s Town Car, they saw bloodstains on and inside the car. During an interview with police officers, Ornelas admitted “cruising” with three Eastside gang members and stated that a fight ensued when Westside gang members threw objects at his…