People v. Ramirez CA4/3

FACTS

Marc Luna testified for both the prosecution and the defense. Luna testified for the prosecution pursuant to an agreement that if he truthfully testified consistently with his proffer statement, the first degree murder charge against him would be dismissed and he would serve a four-year prison term for being an accessory after the 3 fact.

The Prosecution’s Case 1. Luna’s testimony for the prosecution. Luna lived in a house with his wife, her parents, and defendant (Luna’s wife’s brother). The house was in an area claimed by the Fullerton Tokers Town gang

1 All statutory references are to the Penal Code. 2 The court sentenced defendant to a term of 25 years to life for the murder conviction and a consecutive term of 25 years to life for the enhancement. Pursuant to section 1385, the court exercised its discretion to strike defendant’s prior petty theft conviction. 3 The information also charged codefendant Luna with first degree murder and acting as an accessory after the fact.

2 (Tokers gang). Prior to the date of the shooting, Tokers gang members had “hassled” Luna and, on one occasion, had beaten him up pretty badly. On March 17, 2011, around 9:00 p.m., Luna was…