People v. Gutierrez CA4/1

I.

STATEMENT OF FACTS

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.)

In February 2009, defendant shot a gun a number of times into a group of people,

killing Hannah Podhorsky (at times, February 2009 shooting). In August 2011,

defendant threatened to kill Merith Duenas, the mother of their child, and choked and cut

her with a knife (at times, August 2011 domestic violence).

A. The February 2009 Shooting

Witnesses at trial identified three gangs: the Wicked Clowns or "W.K" gang; the

Stomping Klowns Around or "S.K.A." gang; and the Over Every Krew – 46th Street or

"O.E.K. 46th Street" gang.2 In 2009, the S.K.A. gang and the O.E.K. 46th Street gang

were friendly, and the W.K. gang and the O.E.K. 46th Street gang were not.

Defendant and Juan Arredondo were members of the S.K.A. gang; Raymundo

Hernandez, Jr., and Jesus Vargas were members of the O.E.K. 46th Street gang; and

Angel Zamora and Podhorsky were members of the W.K. gang. In addition to the

specific gang-related events we describe post, defendant and Zamora did not like each

other personally, and there was an ongoing…