People v. Sims CA2/8

FACTS

This appeal stems from convictions based on crimes committed on two separate days. We summarize the facts in the light most favorable to the verdict. (People v. Ochoa (1993) 6 Cal.4th 1199, 1206.) 1. October 24, 2010 Defendant, a member of the Cross Atlantic Piru (Piru) criminal street gang, had numerous tattoos reflecting his gang membership. On October 24, 2010, about midnight, defendant was in a residential neighborhood claimed by the Southside gangsters, a rival to defendant’s gang. Defendant wore black and texted an unidentified person. Defendant stopped in front of a house on Olanda Street, outside of which Franklin Sosa, Antonio Acosta, and Yvette Esparza were standing. Sosa was a member of the Southside gangsters, and Esparza was either a member or associate of the Southside gangsters. Defendant announced his gang affiliation by saying “Cross Atlantic Piru.” Sosa responded with his gang affiliation saying “Southside gangsters.” Hearing Sosa’s gang affiliation, defendant pulled down a “hoody” to cover his face and fired at Sosa, Acosta, and Esparza as they ran toward the residence. Defendant wounded Sosa’s left and right legs. Bullets grazed Esparza’s head, and one…