Barboza

FACTS

Underlying Facts A full recitation of the facts can be found in Barboza I. In brief, a stabbing incident occurred on September 11, 2006, which resulted in the death of Oscar Gonzalez. A juvenile witness, Abel H., who testified under a grant of immunity, told the police that he had witnessed defendant and Sergio Gonzalez (Gonzalez), the victim’s brother, discuss “payback.” Gonzalez had a gun and stated he was going to kill someone. Abel,

1 Subsequent statutory references are to the Penal Code.

2 Gonzalez, and defendant were all members of the same gang, Little Minnie Street. (Barboza I, supra, G040266.) Abel told the police his gang did not get along with the We Don’t Care (WDC) gang. He stated that five members of his gang, including himself, defendant, and Gonzalez, approached the victim’s vehicle. Gonzalez shot the victim, identified by police as Sam Chea, three times. Chea was a WDC gang member. The shooting was also witnessed by a former WDC member, Phany Sam. (Barboza I, supra, G040266.) The police also interviewed defendant. “Defendant said in the interview that when Gonzalez ‘came home from the hospital, he went to a location within his residence and got what…