People v. Sorto CA4/3

FACTS

Mexico de Noche is a nightclub in Stanton. After the club closed at 2:00 a.m. on July 30, 2011, two of its security guards, Francisco Gutierrez and Salvador Felgueris, along with house deejay Jose Perez, stepped outside to have a smoke near the front entrance. They were talking among themselves when appellant and two other men approached. Appellant asked if they had any extra cigarettes and if the club was still open, and Gutierrez answered no to both questions. Appellant thanked them and walked away with his group. Although appellant did not show any signs of hostility, one of his companions had his hand hidden behind his back the whole time, leading Gutierrez to suspect he might be armed. The encounter also made Perez nervous because he feared appellant from the neighborhood. Following the encounter, appellant and his companions walked across the street to a self-serve car wash located about 300 feet from the nightclub. There, the man who had his hand hidden pulled a gun from behind his back and gave it to appellant. Holding the gun in both hands with his arms fully extended in front of him, appellant pointed the weapon toward Gutierrez’s group and fired four shots in…