People v. Estrada CA4/1

STATEMENT OF FACTS

Estrada does not challenge either the admissibility or the sufficiency of the

evidence to support his convictions or the true findings on the prior felony conviction

allegation. Accordingly, we will set forth an abbreviated statement of facts simply to

provide context for the discussion that follows.

On August 2, 2012, Lisbeth Rodriguez and her boyfriend Silvano Villalobos were

residing at Villalobos's apartment in Shelltown.3 Estrada was a member of the Logan

Red Steps criminal street gang. Later in the afternoon, Villalobos was outside cleaning

the inside of his vehicle. A grey Chevy Trailblazer drove up to Villalobos's vehicle and

parked in the street directly in front of his apartment. Estrada exited the Trailblazer and

approached Villalobos. Estrada and Villalobos exchanged words about Villalobos's gang

affiliation and a fight ensued. Two other men got out of the Trailblazer and joined the

fight. The fight lasted about six minutes and Estrada fled after he heard Rodriguez call

911.

Villalobos suffered several injuries, including contusions, cuts, and bruises to the

head. Villalobos was taken to the hospital but refused any…