People v. Herrera CA2/6

Facts and Procedural History On the evening of July 10, 2011, appellant ("Blanco") fatally stabbed Victor Ramirez ("Little Risky"), a fellow Westside VLP gang member, in an alley. Earlier that evening, appellant's girlfriend, Yadira F. argued with appellant about his drinking and association with gang members. Yadira did not want their son growing up

1 All statutory references are to the Penal Code unless otherwise stated. around gang members and wanted to leave appellant for Ramirez. In 2010, when appellant was in state prison, Yadira and Ramirez had a sexual relationship. Appellant knew about it and was extremely jealous and controlling. He regularly checked Yadira's phone for text messages and phone calls. Two days before Ramirez's murder, appellant and Yadira attended a birthday party. Yadira saw Ramirez and smiled at him. Appellant confronted Ramirez, had a fist fight with Ramirez in the alley, and shook hands. That was how Westside VLP gang members settled their differences. Weapons were used on gang enemies, not fellow gang members. The day of the stabbing, Yadira, appellant, and friends went to Red Rock near Lake Cachuma. Yadira invited Ramirez, adding "a…