People v. Melendez CA2/3

BACKGROUND

Viewed in accordance with the usual rule of appellate review (People v. Ochoa (1993) 6 Cal.4th 1199, 1206), the evidence established the following. 1. Prosecution evidence. On March 16, 2012, Erick Beltran and Faustino Zamudio were working as security guards at the Fallas Paredes Shopping Center. Beltran was driving a patrol car, a red Ford Fusion, and Zamudio was in the front passenger seat. Both men were armed. They saw defendant Melendez, his brother Mauricio2 and Jose Luis Luna “throwing” gang signs while drinking beer and screaming at passing cars. One of the three men threw a bottle at a passing car. Beltran drove slowly toward them, going about 10 miles per hour with his headlights illuminating the area. Mauricio and Luna said something to Melendez, who turned around, pulled a revolver from his waistband and pointed it at Beltran. Melendez yelled, “What’s up homie?” and fired two or three shots at the patrol car. Beltran jumped out of the patrol car, took cover behind the front car door, and fired back at Melendez. Mauricio and Luna started shooting at Beltran. Melendez also fired at Beltran two or three more times, and Beltran retreated to the rear of the car…