People v. Villalobos CA2/2

FACTS

Prosecution Case The Shooting and Get Away Appellant was a member of the South Los, a Hispanic street gang, with the moniker “Junior.” An African-American gang called the Hoovers or Hoover Criminals is a rival of the South Los. On the night of August 22, 2013, appellant borrowed a white Yukon (the SUV) and drove it into the Hoovers’ territory in south Los Angeles. Breanna Hernandez (Breanna) and her boyfriend, Carlos Hernandez (Rowdy), also a South Los gang member, followed appellant in a silver car driven by Breanna.2 Breanna testified that an unidentified passenger with a bald head was with appellant. Rowdy had told Breanna they were going to follow appellant because appellant “was passing by his enemy’s side of town, and that he saw them, and that they were going to go bust a mission.” Breanna

1 All further statutory references are to the Penal Code unless otherwise indicated. 2 We use first names or nicknames for ease of reference.

2 understood this to mean that appellant and Rowdy were going to “put in work for their hood,” meaning “either go and shoot or something like that.” At approximately 10:00 p.m., several African-Americans were “chilling” with their friends…