People v. Martinez CA2/8

FACTS AND PROCEDURE

Interpreting the evidence in the light most favorable to the verdict, the record shows that defendant and Jose Carabantes were both members of the Mara Salvatrucha (MS) gang. On June 28, 2009, in the afternoon, defendant and Carabantes were talking at a residence in Arleta. Defendant said that he had been beaten up by the Pacoima gang. In response, defendant shot at the windshield of a Pacoima gang member’s car. Carabantes described defendant’s actions as childish, and his criticism upset defendant. Defendant left the residence. Later that evening defendant returned to the residence with Maria Garcia. Carabantes was there drinking with his friends and several members of the MS gang were at the residence. Defendant and Carabantes argued for about 15 minutes. Defendant was offended when Carabantes said “nowadays anybody can call themselves a gangster.” Defendant told Carabantes that he felt disrespected. Carabantes believed he should be respected because he was older and identified himself as an original gangster. Carabantes offered to fight defendant in a fistfight in the same manner gang members often resolve disputes. Defendant said, “this fool.” Defendant…