Reyes

People v. Reyes

Good Law
159 Cal. App. 4th 214·70 Cal. Rptr. 3d 903
Court of Appeal of CaliforniaFebruary 14, 2008B196415California2,681 words

Opinion

Opinion

Wiley, J.

On a summer day near the beach, a Mercedes pulled next to a Camaro. The Mercedes’s passenger said, “Where you from, ese?,” and started shooting, killing two in the Camaro and wounding a third. Police forecast the escape route and intercepted Sergio Ginez and Leo Anthony Reyes in flight. A jury convicted them of murder and other charges and they appeal. We affirm, except we order that Ginez’s abstract of judgment be corrected to conform to the sentence the trial court actually imposed.

I

The shooting was near a police substation a block and a half from Venice Beach. The Venice 13 gang claims this territory, testified gang expert Gerald Gibson. Gibson said Ginez and Reyes were active members of the Culver City Boys (CCB) gang, which is a rival of Venice 13. Both gangs apparently are Hispanic. Gibson said the three victims in the Camaro were not gang members.

The gang colors of red and blue figure in the evidence. Venice 13’s color is blue. CCB’s is red. Reyes owned the Mercedes, which was reddish— burgundy or maroon. Reyes drove and Ginez rode. Ginez wore a red bandana headband. Reyes drove up to the parked Camaro, which was blue. Surviving victim Juan Cortez, who was 21…

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