People v. Sambrano CA4/2

BACKGROUND

1. The circumstances leading to defendant’s conviction

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

(i) our opinion issued in the appeal from the judgment taken by defendant and

codefendant Anthony Castro Lares (People v. Sambrano (Nov. 15, 2013, E054725)

[nonpub. opn.]); and, (ii) the portions of the record in that appeal (including jury

instructions, closing arguments, and signed jury verdict forms) we have judicially noticed

in response to the People’s unopposed request.

Defendant and Lares were members of the Varrio Coachella Rifa 52 gang (VCR).

In August 2005, defendant, Lares, and a third VCR member, Daniel Torres, drove into

the territory of a rival gang. Defendant was driving the car, which was owned by Lares,

who was in the back seat. Torres was the sitting in the front passenger seat. Defendant

drove the car at least twice by a group of people gathered in front of a house before Lares

and Torres opened fire on them. Lares fired at least 10 shots from a .30 caliber M1

carbine rifle and Torres filed an unknown number of shots from a .22 caliber handgun

that held five rounds. Vanessa Torres, age 19, was hit by…