People v. Ortiz CA6

Facts and Proceedings Below On July 28, 2010, 16-year-old Frankie Sanchez Jr. was in the driveway of Gerry Montanez’s house on Capitol Street in Salinas; Montanez was Sanchez’s relative. The neighborhood where the house was located was in Norteño territory. Sanchez was watching Montanez work on a white Cadillac. Montanez was an active Norteño gang member; Sanchez was a “wannabe” who had friends that were Norteños and friends from the rival gang the Sureños. Sanchez’s best friend, Lorenzo B., a Norteño gang member 1 All unspecified section references are to the Penal Code. who lived across the street from Sanchez, came over to watch Montanez work on the car and “hang out.” Sanchez and Lorenzo were sitting in the Cadillac listening to music while Montanez was working under the hood. Lorenzo’s stepfather called his son back to their house across the street to help him close the garage door; Lorenzo went to help. Sanchez remained in the front seat of the car while Montanez remained working under the hood of the Cadillac. As he passed by the front yard of his house Lorenzo noticed that the windows to his family’s Volkswagen were not rolled up, so he got the keys from his mother and…