People v. Buttelo CA3

Filed 3/23/15 P. v. Buttelo CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento) ----

THE PEOPLE,

Plaintiff and Respondent, C068381

v. (Super. Ct. Nos. 08F10072, 07F11996, 09F07953)

JOSEPH BUTTELO,

Defendant and Appellant.

Defendant Joseph Buttelo, a Norteño gang member, fired multiple .45-caliber rounds into the side of a van, killing one of the occupants and wounding another. The confrontation began when the van pulled up to defendant on the street and Gustavo Lopez, a Sureño gang member seated in the front passenger seat, asked if he was a “chapete,” a derogatory term used by Sureños to refer to their Norteño counterparts. Defendant responded by asking Lopez if he was a “scrap,” a similarly…