People v. Guerrero CA6

I. INTRODUCTION

Defendants Richard Guerrero and James Guerrero are brothers and fellow Norteño gang members who shot and killed Eric Mendoza in a drive-by shooting on April 3, 2014.1 Defendants appeal after a jury found them guilty of first degree murder (Pen. Code, § 187; count 1)2 and active participation in a criminal street gang (§ 186.22, subd. (a); count 2). The jury also found true the allegations that defendants committed count 1 for the benefit of a criminal street gang (§ 186.22, subd. (b)(5)) and that a principal personally and intentionally discharged a firearm and proximately caused death

1 Because defendants share the same last name, we use their first names to refer to them individually and “defendants” to refer to them collectively. Likewise, we refer to David Martinez and Isaac Martinez by their first names. 2 All further statutory references are to the Penal Code unless otherwise indicated. in the commission of count 1 (§ 12022.53, subds. (d), (e)(1)). The trial court sentenced each defendant to aggregate terms of 53 years to life. Defendants contend that insufficient evidence supports the gang crime and enhancement because there is not substantial…