People v. Gomez CA4/3

FACTS

In response to a 911 call at 8:04 a.m., Officers Maria Orozco and Alejandro Partida responded to the area of an attempted robbery. About 8:16 a.m., the officers contacted Gomez, who matched the description of the perpetrator of the attempted robbery, and told him to lie on the ground. Gomez was wearing blue jeans and a black T-shirt that stated “‘Famous Stars and Straps’” and had a right hand shaped in the letter “F.” Gomez told the officers he had guns. Partida recovered a gun from Gomez’s waistband and one from his pocket. Both guns were loaded with live rounds. Partida also found a bag of methamphetamine in Gomez’s pocket. Officers arrested Gomez. Later, an officer searched Gomez at the Santa Ana Police Station and found a second bag of methamphetamine. Orozco and Partida interviewed Gomez after advising him of his rights pursuant to Miranda v. Arizona (1966) 384 U.S. 436. Gomez described the claimed territory of the F-Troop criminal street gang and said its color was brown. Gomez said he grew up in F-Troop claimed territory, he “kicks it” or “kicks back” with F-Troop, his moniker is “Rookie,” and he recently got “Trooper” tattooed on his left ring finger. Gomez said he…