People v. Flores CA4/3

FACTS

A woman and two Lopers gang members, defendant and Andrew Chavez, drove a truck to the residence of former Lopers gang member Francisco P., a minor, and asked him to retrieve a gun belonging to the Lopers gang. Francisco P. obtained the gun and gave it to them without asking why they needed it. The woman, defendant, and Chavez drove away looking for rival members from the Krazy Proud Criminals gang to attack, with defendant holding the gun in his lap. Although they did not see any members of that gang, they encountered two members of another rival gang, whom defendant ordered Chavez to shoot.

2 After the shooting, the woman called Daniel Jacobo because she needed money for gas. When Jacobo met the woman at a gas station, another Lopers gang member, who had just joined defendant’s group, showed a screwdriver to Jacobo and ordered him to give him the keys. Defendant approached from the passenger side, and another male raised his shirt and flashed a gun. The group robbed the occupants of the car of their belongings and ordered them out before driving away in Jacobo’s car.

DISCUSSION

Defendant argues the court prejudicially erred in responding to a jury question regarding…