People v. Barrientos CA5

INTRODUCTION

Cruz Martinez (a.k.a. “Bam-Bam”), a gang member, was a passenger in a vehicle when it drove by defendant and Vicente Perez, also both gang members. Martinez yelled at defendant and Perez from the vehicle. Defendant approached the vehicle and Martinez eventually brandished a gun, pointed it at defendant, and pulled the trigger. The gun did not fire. The gang to which Martinez belonged was the South Side Bakers. The South Side Bakers are a subset of the larger Sureño gang. As it turns out, defendant was also a member of the Sureño gang. Later that day, defendant called a “meeting” at a residence and directed that Martinez arrive unarmed. The meeting took place, though the details of what occurred are unclear. However, it is undisputed that defendant eventually stabbed Martinez. Defendant claimed that Martinez “came at” him first and that he had acted in self- defense. Martinez eventually died from the stab wound. At defendant’s trial, evidence that other gang members pled guilty to charges arising from this incident was admitted. Defendant challenges the admission of that as violative of Evidence Code section 352 and Crawford v. Washington (2004) 541 U.S. 36…