People v. Perez CA2/3

BACKGROUND

We view the evidence in the light most favorable to the judgment. (People v. Ochoa (1993) 6 Cal.4th 1199, 1206.) At about 8:25 p.m. on March 5, 2011, 18-year-old Tony Aragon (Aragon) left his Los Angeles residence on foot to go to a party. According to his mother, he was a “Barrio Mojado” or “BMS” gang member. In front of his residence, he met a female friend and walked to the nearby Moises Mini Market at Ascot and Vernon Avenues.

1 All further references are to the Penal Code unless otherwise specified.

2 As Aragon was crossing the street in front of the market, another youth approached him in the crosswalk from the direction of the market. Aragon pushed his female friend to the side and put up his fists. The approaching youth was appellant, a rival “Ninos Surenos” or “NSU” gang member. Appellant took a handgun out of his pocket, said, “NSU,” and continued to walk in Aragon’s direction. Appellant shot at Aragon five times, then fled. Aragon was wounded and ran southbound on Ascot Avenue about 50 yards, then fell to the ground. Aragon lay there until assistance arrived. Aragon was transported to the hospital. He died. At trial, a deputy medical examiner testified the…