People v. Perez CA2/2

FACTS

Prosecution Evidence In August 2012, Wilmer Elias lived on 109th Street in Los Angeles with his mother. Defendant and his codefendant, Carlos Gallegos, lived on that street also. 2 Elias testified that he had moved back to his mother’s home about three months before August 2012. He had previously lived with his girlfriend, Martha Herrera.3 Elias worked for his mother’s business. He had not known defendant or Gallegos before moving in with his mother. Elias saw defendant every day on the street. Defendant drove a Monte Carlo with the number “9” on the driver’s door. Defendant once approached Elias and asked him what gang he was from. Elias had never been in a gang, and he told defendant “none.”

All further references to statutes are to the Penal Code unless stated otherwise. Gallegos is not a party to this appeal. Elias told Officer Ryan Moreno that he had lived on 109th Street for several years. Martha Herrera referred to defendant as her husband but acknowledged they were not legally married.

2 Defendant told him, “they were the ones that ran everything in the street,” and he named something like “Billy Boys.” Defendant made a hand sign that looked…