Sek

FACTS AND PROCEEDINGS BELOW

Late one night Saul Mejia parked on a street in Long Beach while his girlfriend, Inez Perez, walked her daughter across the street to her mother’s apartment. A white car pulled up alongside Mejia, and the passenger, later identified as defendant My, motioned to Mejia to roll down his window. When Mejia did so, My asked him: “Where are you from?” Mejia interpreted this as asking him what gang he belonged to. He was surprised to be approached in this manner and only answered: “What? Huh?” My leaned out of the car window and announced: “Asian Boys. Fuck you. Fuck you.” Mejia looked at Perez across the street and told her to go inside. When he looked back My was pointing a gun at him.

1 On appeal and the accompanying habeas corpus petitions, all of the issues raised by defendants relate only to counts 1 and 5. We therefore affirm the convictions on the remaining counts. But because the sentences on those counts might be affected by the proceedings on remand concerning counts 1 and 5, we vacate defendants’ sentences in their entirety and remand for resentencing on all counts. 2 Mejia sped off down the street. After he passed seven or ten houses, he stopped…