People v. Carrillo CA2/5

FACTS

The facts of Carrillo’s case, as set forth in the prior opinion of a different panel of this court, were as follows: “Joanna Bush, an African American, lived in a Torrance apartment building within the territory of the Hispanic gang

1 All further statutory references are to the Penal Code unless otherwise indicated.

2 Carrillo also contends that the trial court impermissibly engaged in fact-finding and conducted a substantial evidence review. Nothing in the record supports these contentions. However, we need not address Carrillo’s additional arguments, because we reverse the trial court’s order on a different basis.

2 Eastside Torrance. There was a tremendous amount of racial/ethnic tension in the area. On the evening of November 21, 1997, Bush hosted a birthday party attended by her family and friends. Defendant and Xavier Jaime were members of the Eastside Torrance gang. During the party at Bush’s apartment, the two gang members fired approximately nine shots from an assault rifle into the Bush apartment, killing Francisco Lopez and injuring Jamar Kiper. The Bush family moved out of the apartment the next day. A few days later, the apartment bore graffiti indicating…