People v. Cancino CA4/3

FACTS

Defendant was a member of the Plas gang. Plas has a long history of violent encounters with its rival, the La Jolla gang. On two occasions in early February 2011, members of the La Jolla gang drove into territory claimed by Plas and committed assaults.

1 All statutory references are to the Penal Code unless otherwise stated.

2 On the evening of February 19, 2011, police officers were dispatched to the scene of a reported gang fight involving gang members using sticks and baseball bats on La Jolla Street in territory claimed by the La Jolla gang. One responding officer saw three individuals standing on a street corner, at least two of whom were La Jolla gang members. Upon seeing the officer, the three individuals took off running. Two other officers responded to a different location in the neighborhood and found defendant’s car parked in the street blocking several lanes. Defendant got out of the driver’s side door and walked toward the rear of the car, wearing baggy clothes commonly worn by gang members. A sawed off rifle loaded with three rounds of ammunition was on the car’s driver’s seat. An officer transported defendant to the police station. En route, defendant…