People v. Machuca CA2/8

FACTS

Mora died from multiple gunshot wounds to his face, neck, abdomen, and left wrist on December 10, 2009. Efrain Gomez, Machuca and Ayon were charged with Mora’s murder in an information dated July 7, 2011. In the first count, they were each charged with murder under Penal Code1 section 187, subdivision (a) with further gang and firearm enhancement allegations under sections 186.22, subdivision (b) and 12022.53, subdivisions (b)-(e). In the second count, they were charged with shooting from a motor vehicle in violation of section 12034, subdivision (c) with further gang and firearm enhancement allegations under sections 186.22, subdivision (b) and 12022.53, subdivisions (d) and (e)(1). Prior to trial, Gomez pleaded no contest to a charge of voluntary manslaughter in violation of section 192, subdivision (a). He received a six year sentence in exchange for his truthful testimony at trial. The People presented trial testimony from Gomez and Daisy Luna,2 who is Ayon’s half sister and Machuca’s girlfriend. Both Luna and Gomez identified Ayon and Machuca as members of the 18th Street gang. Gomez testified that he knew Ayon and her family because he used to live across the street…