People v. Medina CA2/6

STATEMENT OF FACTS

Prosecution On April 25, 2009, appellant was a member of the Ojai Surenos Lokos (OSL), a Latino criminal street gang with allegiance to the Mexican Mafia. The victim, 16-year-old Seth Scarminach, was a member or associate of OSL's primary rival, the Meiners Oaks Boys (MOB) gang. OSL members adopted the color blue as a symbol and commonly wore blue bandanas and jerseys, while MOB

1 Unless otherwise noted, all statutory references are to the Penal Code. Appellant was 14 years old when he committed the crime and was charged as an adult based on allegations he personally killed the victim and acted for the benefit of a criminal street gang (Welf. & Inst. Code, § 707, subds. (d)(2)(A) & (d)(2)(C)(ii)). Five months after the complaint was filed, a doubt was declared as to his mental competency and the criminal proceedings were suspended. In July 2012, the jury found appellant competent to stand trial and the proceedings were reinstated. 2 members wore red bandanas and shoelaces. MOB members were primarily Caucasian and wore red in part to connote "White power." Early that evening, Veronica Vaughan drove appellant and fellow OSL members Rutilio "Pelon" Huerta…