Lopez
People v. Lopez
Opinion
Opinion
Gomes, J.
On the evening of August 24, 2003, a car carrying two Sureños criminal street gang members—Victor Lopez, the driver, and Antonio Barajas, the passenger—stopped inside a gang-infested alley in a high-crime Modesto neighborhood. Eric Adorno, standing next to a van with a red bandanna on the steering column and wearing a red jersey, blue jeans, and red and white shoes, walked up to the car. A bullet fired from the passenger side of the car struck Adorno between the eyebrows and killed him. Police observed a red baseball cap on the ground near his head. Red is the color commonly associated with the Norteños criminal street gang.
A jury found Barajas and Lopez guilty of first degree murder, found ' criminal street gang allegations true as to both, and found true as to Barajas an allegation of personal and intentional discharge of a firearm causing death. (Pen. Code, §§ 187, subd. (a), 186.22, subd. (b)(1), 12022.53, subd. (d).) The trial court sentenced Barajas to 50 years to life (25 years to life for first degree murder and 25 years to life consecutively for the firearm enhancement) and sentenced Lopez to 25 years to life for first degree murder.