People v. Cruz CA6

I. FACTUAL AND PROCEDURAL BACKGROUND2

Cruz was initially charged by information with one count of carrying a loaded concealed weapon (§ 25400, subd. (c)(6)) and one count of evading an officer with willful disregard for the safety of persons and property (Veh. Code, § 2800.2, subd. (a)). As to the first count, the information alleged that the offense was committed for the benefit of, at the direction of, and in association with a criminal street gang (§ 186.22, subd. (b)(1)). On May 17, 2013, City of Watsonville Police Officer Scott Parsons was on patrol in Watsonville in a marked patrol vehicle along with Sergeant Stephen Fish. At about 7:00 p.m., Parsons observed a green Honda backing out of the driveway at 53 Airport Road. Parsons knew that three brothers, all of whom are members of a criminal street gang called either Poorside Chicos or Poorside Watson, lived at that address with their parents. One of those brothers was, according to Parsons, “one of the higher ranking Poorside Chicos in Watsonville.” Parsons had twice executed search warrants at that address, looking for firearms.3 As Officer Parsons passed the Honda, which was traveling in the opposite direction, he…