People v. Rios CA2/4

BACKGROUND

I. Factual Background

The underlying facts presented at trial are discussed in detail in our prior opinion, Martinez, supra, B113156. We summarize them here as relevant to the instant appeal. Appellant and co-defendants Javier Martinez, Marvin Zarceno, and Jose Gomez were members of the Crazy Riders gang. On November 4, 1995, Edith Luz Pena and her husband

3 Reynaldo Lopez were working in their clothing store. Zarceno entered the store, pushing Richard Startz, another Crazy Rider, in a wheelchair. Pena, a former member of the Crazy Rider gang, recognized both men as Crazy Riders. Startz asked to see some clothing, and Pena placed several items of clothing on his knees. Startz threw some of the clothes on the sidewalk. When Lopez told Startz he would have to pay for the clothing, Startz lifted his shirt, displaying a silver semiautomatic gun. Lopez tried to take the clothing that remained on Startz’s knees, but both Zarceno and Startz resisted. Zarceno tried to hit Lopez. Zarceno left the store to call his “homeboy[s],” and Startz told Lopez he would kill him. Zarceno returned to the store with appellant, Martinez, Gomez, and several other Crazy Riders,…