People v. Adame CA4/2

BACKGROUND

1. The circumstances leading to defendant’s conviction

The background leading up to defendant’s petition for resentencing is taken from our

opinion issued in the appeal from the judgment taken by defendant and codefendant Jeremy

Raymond Maldonado. (People v. Maldonado (1999) 72 Cal.App.4th 588, 591-599

(Maldonado).) A copy of the opinion is included in the record on appeal.

Michael Moreno was a member of the West Side Rivas, a gang in west Riverside. In

March 1996, Moreno and five friends were in the Rubidoux area when they were attacked

by several other young men from another gang, Born Ruthless. Moreno suffered numerous

serious stab wounds in the attack and was hospitalized for several weeks.

In June 1996, shortly after Moreno was released from the hospital, he and Maldonado

were riding in Maldonado’s car. Maldonado was also a member of the West Side Riva

gang. Along the way, Moreno recognized Jose Canchola, one of the Born Ruthless

members who had attacked him. Moreno told Maldonado, who asked if Moreno wanted to

“do something about it.” At first, Moreno said no, and indicated he could do nothing about

it, because of his condition. Maldonado replied,…