People v. Nunez CA4/1

I.

FACTUAL AND PROCEDURAL BACKGROUND

We review the record and recite the facts in a light most favorable to the judgment.

(People v. Hill (1998) 17 Cal.4th 800, 848-849.)

A. Gang Associations and Background

Nunez was — and had been since age 12 — a member of the Otay criminal street

gang; his gang moniker was "Conejo" or "Little Rabbit."2 Neither Juan Navarro (Juan),

the murder victim, nor Sanchez, the assault victim, was a member of a gang, but

members of Sanchez's family were associated with the Varrio Chula Vista (VCV)

criminal street gang. Sanchez's friend, Gabby, was a member of the VCV gang. Otay

and VCV are rival gangs.

One day in or around July 2012, Gabby went to pick up Sanchez from her job at a

fast food restaurant in Chula Vista. From inside, Sanchez could see Gabby outside

talking with a customer and his two male friends whom Sanchez had just served. Upon

completing her shift, Sanchez went outside, where she witnessed Gabby and the customer

Conejo means "rabbit" in Spanish.

Three Navarro brothers are involved in this case: the murder victim, Juan; Sanchez's boyfriend, Jesus Navarro (Jesus); and a driver, Miguel Navarro…