People v. Zamora CA2./5

I. INTRODUCTION

A jury convicted defendant, Antonio Zamora, of second degree murder (Pen. Code, § 187, subd. (a))1 with criminal street gang and firearm use enhancements. (§§ 186.22, subd. (b)(1)(C), 12022.53, subd. (d).) We modify defendant’s sentence to delete the section 186.22, subdivision (b)(1)(C) 10-year enhancement. We affirm the judgment in all other respects.

II. BACKGROUND

A. The Shooting

On April 18, 2010, defendant and a fellow gang member, Luis Ramirez, appeared uninvited at a baptism party. The party was being held within the neighborhood claimed by their gang. Defendant and Mr. Ramirez helped themselves to beer. After approximately one hour, someone asked defendant and Mr. Ramirez to leave. Edgar and Marcos Guevara and their friend, Pedro Mendoza, were invited guests.2 Edgar and Marcos are brothers. None of the three were gang members. Mr. Mendoza is the victim in this case. Edgar saw defendant arrive at the party. Edgar recognized defendant as they had met on several occasions. On one of those prior occasions, defendant said he was a gang member. On another occasion, defendant yelled out his gang affiliation during a fistfight. Edgar testified that when…