People v. Lopez CA5

FACTS AND PROCEDURAL HISTORY

In the evening of April 23, 2012, Christian D. and his friend Juan D. drove to a gas station in Pixley to buy a blunt wrap.2 They were in Christian’s black car and Christian was driving. At the gas station, they parked at a gas pump, went into the store, made their purchase, and returned to their car. As Christian and Juan were leaving the gas station, Juan saw someone throw gang signs. Specifically, he noticed a vehicle pull up to the front of the store and a person in the backseat “threw up the four.” Christian left the gas station and then made a U-turn to go back to the gas station. After Christian made the U-turn, Juan heard gunshots, and he ducked and covered. At the same time, Christian

Subsequent statutory references are to the Penal Code unless otherwise specified. Blunt wraps were described as “cigarette wrapping” and were also referred to as “papers to roll marijuana cigarettes.”

2. saw someone run toward his car and start shooting. He pushed the gas pedal and drove away. Neither Christian nor Juan was injured. Christian and Juan did not go to the police after the shooting. Instead, they went to a friend’s house. They…