People v. Alfaro CA2/3

BACKGROUND

I. The attempted murder

Alfaro was jointly tried with fellow Easy Rider gang members Ronald Hernandez and Rafael Rivera for attempted premeditated murder and shooting at an occupied vehicle.2 Alfaro’s gang moniker was Lil Boy, Hernandez’s gang monikers were Stranger and Muerto, and Rivera’s gang moniker was Drowzy. The victim testified that on July 13, 2017, at 2:20 p.m., he was driving his Mustang to a friend’s house when he heard someone yell. Thinking that a friend might be calling to him, he made a U-turn and stopped in front of an apartment building where he had seen three men standing, two of whom the victim identified as Hernandez and Rivera. The victim recognized Hernandez because they had gone to school together. Hernandez and Rivera walked up to the victim, who asked, “ ‘What’s up?’ ” Hernandez and Rivera threw gang signs and

1 We hereafter refer to willful, deliberate, and premeditated attempted murder as attempted premeditated murder. 2 This Division affirmed the judgments of conviction as to Rivera in People v. Rivera (Aug. 20, 2020, B297551) [nonpub. opn.] and as to Hernandez in People v. Hernandez (Feb. 10, 2021, B303457) [nonpub. opn.].

2 replied,…