People v. Leiva CA2/2

FACTS

Prosecution Case The shooting On Friday, August 14, 2009, Jimenez had been dating his girlfriend, Monica Arriaga (Arriaga), for two months. They were members of a gang called Playboys. On the street, Jimenez went by the name Minor. That evening, they went to a party in

1 All further statutory references are to the Penal Code unless otherwise indicated. 2 The kite was a jailhouse note found on Oscar Dominguez (Dominguez) while he was in jail awaiting trial as Leiva’s codefendant. The case against him resulted in a mistrial. Subsequently, he was retried and convicted of being an accessory after the fact to Jimenez’s murder.

2 Compton, where Jimenez drank liquor and beer. At about 3:00 a.m., a friend dropped them off at 51st Street and Towne near South Park. That area is considered Playboys territory. After sitting at South Park for about 30 minutes, Jimenez and Arriaga left and started walking home. They took an alley and headed toward 52nd Street. At the end of the alley, they encountered two men. The man on the left, later identified as Leiva, demanded to know what gang Arriaga and Jimenez belonged to by asking, “Where you from?” Jimenez said he was from “Playboys.” With…