People v. Lona CA2/2

FACTS

Prosecution Evidence In June 2009, at approximately 11:30 a.m., Manuel Sanchez was driving in Los Angeles with his friend, Jesse Hernandez. Hernandez sat in the back seat of the car with her six-month-old daughter. A beige Camry pulled out of a motel driveway and cut off Sanchez’s car. Hernandez saw four males inside the Camry, and they appeared to be gang members. Sanchez continued driving behind the Camry when both cars turned onto 51st Street. The Camry suddenly slowed down, stopped, and went into reverse. Sanchez also backed up because he thought the Camry was going to hit his car. When the Camry

Unless stated otherwise, all further statutory references are to the Penal Code.

2 stopped, Sanchez saw a man get out of the Camry’s front passenger seat, take out a gun, and start shooting at a car that was behind Sanchez and parked at the curb. David Diaz was seated in the driver’s seat of the parked car. When the shooter stopped firing, he got inside the Camry, which sped away. Sanchez memorized the Camry’s license plate number. Hernandez called 911 and gave the dispatcher the number. Diaz tried to drive away, but he crashed into some cars. Sanchez later identified…