People v. Baez CA4/3

FACTS

A. Background: Defendant was a member of the Orange Varrio Cypress gang (OVC). Robert Reil was a shotcaller, or gang leader, of OVC. He was married to Amour Villamar, a member of the Anaheim Travelers gang, an enemy gang. Villamar was a methamphetamine addict. Villamar and Reil attended a New Year’s party in Orange at the house of one of Reil’s “homeboys,” or gang members. They were at the party for a day or two.

2 On the night of the incident, January 3, 2010, while still at the party, Villamar wanted to get high, but was out of drugs. She called Bernal Felix, a drug dealer from whom she had purchased five or 10 times. He was not her regular dealer, but she thought he would come to their location. When she purchased from Felix, she would call him on the telephone, he would come in his car, she would get in the car, do the transaction, and get out. Villamar was with Reil and defendant when she called Felix. Defendant wanted to know about amounts or prices. Villamar asked Felix to meet her at a particular street. Reil asked another OVC gang member, Christian Galindo, to drive them to Oak Street, where they were going to meet Felix. Galindo, Villamar, Reil and defendant…