In re Alejandro C. CA5

FACTS

Instant Offenses and Gang Enhancement Evan S. (Evan), a high school student, “heard a story” from a girl in his class that appellant, who at the time was a friend of Evan’s, and some of appellant’s friends “had jumped somebody.”5 Evan told the girl that in his opinion a person who “jump[s] somebody” is a “[p]ussy.” At some point thereafter, in January 2013, appellant confronted Evan and asked him if he (Evan) “was talking shit about his gang or him.” Evan said “no.” At some point after that, Evan and appellant had another “argument,” as a result of which Evan “end[ed] up dealing with school administration[.]” As Evan was leaving school that day, appellant and some of his friends “called [Evan] a rat” and said Evan “was going to get what’s coming to [him].” Approximately two weeks later, on January 25, 2013, Sean W., with whom Evan was acquainted, telephoned Evan and told him Evan’s girlfriend was at Sean’s house and that she wanted to talk to Evan. Sean picked up Evan and drove him to his (Sean’s) house. When Evan arrived, there were approximately 16 people there, some of whom he knew from school. At Sean’s direction he walked into the backyard of the house, at which point…