People v. Riley CA4/1

STATEMENT OF FACTS

In our opinion in People v. Riley, supra, D058999, we set forth a summary of the facts of the offense. We have taken judicial notice of our records in that case so we will repeat the facts here. “Riley was a member of the Rolling 40s Crips gang. On a night in December 2007, he went to a party with Jerard Mitchem, Tamika Lott, and Cherray Rice. When the party ended, the group, along with others from the party, went to a nearby ampm gas station. Mitchem, Lott and Rice went into

3 the ampm while Riley stayed in the car. Lott and Rice got into an altercation with two people associated with the Fruit Town Brims, a Blood gang. Mitchem tried to break up the fight. Eventually, Mitchem, Lott and Rice got back into the car. The group, with Riley driving, Rice in the front passenger seat and Mitchem and Lott in the backseat, left the gas station. “As they were driving, Mitchem, Rice and Lott told Riley about the altercation at the ampm. Riley became angry and said, ‘Let's get them.’ He stopped at another gas station and then eventually headed back to the ampm where the altercation took place. By that point, the crowd at the ampm had dispersed, but Riley spotted two…