People v. Rodriguez CA2/6

Facts Angel Virgen sold methamphetamine and heroin in territory claimed by the Colonia Chiques criminal street gang. The gang collected "taxes" on her sales. Appellant, a Colonia Chiques gang member, came to Virgen's house to collect the taxes. Virgen spoke to him outside on the porch. She refused to pay and told him to leave. Appellant replied, "I'm going to shoot you, bitch." Virgen was afraid "[b]ecause [she] knew he's capable of doing it." She went inside the house. Appellant remained outside. About 10 minutes later, Virgen's Uncle Joe arrived at the house. He had been a Colonia Chiques gang member for a long time and was well respected within the gang. Virgen was still afraid of appellant. She asked Uncle Joe to tell him to leave. Uncle Joe went outside, punched appellant in the face, and told him to leave. Appellant left. Uncle Joe took a shower and left. About five or ten minutes later, some friends of Virgen came to Virgen's house. One of the friends was Jose Pineda, a Colonia Chiques gang member. About a minute or two after the friends had arrived, appellant returned to the house accompanied by a Colonia Chiques gang member with the moniker of…