Holguin

People v. Holguin

Good Law
1989 Cal. App. LEXIS 936·213 Cal. App. 3d 1308·262 Cal. Rptr. 331
Court of Appeal of CaliforniaSeptember 14, 1989No. B033096California3,661 words

Opinion

Lead Opinion

Johnson, J.

Defendant Richard C. Holguin (Holguin) appeals from the judgment following his conviction for first degree murder and attempted murder. On appeal, Holguin raises various alleged errors. We conclude none of these alleged errors warrants reversal and accordingly affirm the judgment.

Statement of Facts and Proceedings Below

On September 5, 1986, Holguin, a member of the Eastside Los Street gang, and Gualberto Gutierrez, nicknamed Bert, a member of the 38th Street gang, decided to kill members of a rival street gang, the Florencia. The motive underlying this decision was unclear. 1 Holguin and Bert drove around in Holguin’s 1966 orange/yellow van looking for potential victims. When the van passed a group of nine to ten Florencia gang members congregated in Bethune Park, Bert fired six to seven shots from a .22-calibre rifle at the group, striking one man in the thigh.

*1312 Approximately 20 minutes later, the van passed another Florencia gang member, Jose Smith, who was walking with 2 girls. The van passed Smith and the two girls, then turned around in a cul-de-sac and parked, its lights turned off and the engine left running. Someone within the van called out he was…

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