People v. Pulido CA6

I. Factual Background

A member of the Salinas Acosta Plaza criminal street gang, a Norteño gang, was shot in May 2008. In gang culture, a gang will be “ridiculed” if it does not retaliate when one of its members is shot. Acosta Plaza gang members wanted to retaliate for the May 3 2008 shooting. Acosta Plaza gang members believed that a “big” Sureno lived on Lewis Circle in Salinas. On November 2, 2008, a woman named Andrea, who owned a white BMW, drove defendant, his cousin Jorgé Alejandro Fernandez, and another woman named Andrea Johnson from Salinas to a football game in Oakland. Fernandez was an associate of the Acosta Plaza gang and had been “hanging out” with Acosta Plaza gang members for a 4 couple of months. Fernandez was drinking on the way to the game and after the game. Defendant was also drinking and used some cocaine. On their way back from the game, Fernandez received a cell phone call for defendant from an Acosta Plaza gang member.

3 The primary activities of the Acosta Plaza gang include murder and attempted murder. 4 Andrea testified that Fernandez was not drunk at any point, but Fernandez testified that he was “really drunk” as they drove home.

2 Fernandez…