People v. Rodriguez CA4/3

FACTS

The People’s Case Around 7:00 or 8:00 p.m. on May 15, 2011, defendant, his friend Arnie Zavala, and Zavala’s older sister Denise Ponce went to Zamora Taqueria in Santa Ana. They had spent most of the day at the home of the mother of Zavala and Ponce, helping her to pack for a move. The mother had asked Ponce to get some food because everyone was hungry, so Ponce, Zavala, and defendant had driven to Zamora Taqueria. Inside the taqueria, the threesome placed a “to-go” order. 1 All statutory references are to the Penal Code.

2 Defendant, a member of the Darkside gang, had the word “Darkside” tattoed on his cheek, the word “assassin” and a capital “A” tattoed on his hairline (for Darkside’s pseudonym, Assassins or Tiny Assassins), and “Orange County” tattooed on his upper lip. Zavala, a member of the Southside gang, bore tattoos of the letters “SS” on his right cheek, the number “187” on the right side of his neck (a reference to the Penal Code statute governing murder), and the words “Southside Santa Ana” on the left side of his neck. Mayra Onofre, a manager of the taqueria, was working at the cash register and taking orders that day. She had arrived there at 2:00 p.m., when…