People v. Martinez CA2/3

BACKGROUND

The evidence concerning the events of the shooting is taken from the trial testimony of the victim adduced at trial prior to appellants’ midtrial pleas. At about 1:00 a.m. on December 12, 2011, Christian Rodriguez (Rodriguez) walked past a liquor store located at 3rd Street and Bonnie Brae Avenue in Los Angeles. He was on the way to his parked car, which was on the other side of a Laundromat in a parking lot. Rodriguez encountered Vides and Martinez who were sitting in a “dark-colored” car with chrome rims with an air

1 All further statutory references are to the Penal Code unless otherwise indicated. 2 scoop on its hood in the first parking lot he walked past, located between the liquor store and the Laundromat. Vides and Martinez used their car to block Rodriguez’s path along the sidewalk. Vides, the passenger, asked Rodriquez whether he was an 18th Street gang member. When Rodriguez replied, “No,” Vides inquired about whether Rodriguez “bang[ed]” any “hood,” meaning a criminal street gang. When Rodriguez replied in the negative, Vides called him names. Rodriguez challenged Vides to get out of the car, but the youths did not respond. Rodriguez continued walking in…