People v. Mendoza CA2/3

FACTS AND PROCEDURAL BACKGROUND

1. The crimes, convictions, and appeal In 2006, the People charged Mendoza, along with his co-defendant Cesar Thomas Banuelos, with the murder of Jose Lujan. The People alleged the defendants committed the crime for the benefit of, at the direction of, or in association with a criminal street gang. The People also alleged that a principal used and discharged a firearm causing Lujan’s death. As the facts of Mendoza’s crime are unnecessary for our analysis, we summarize them only briefly.

References to statutes are to the Penal Code. On April 2, 2021, we granted Mendoza’s motion to take judicial notice of the record in his direct appeal, People v. Mendoza (Aug. 22, 2008, B197580) [nonpub. opn.] (Mendoza I). Mendoza seems to object, however, to our consideration of this division’s opinion affirming his conviction. As we need only the charges, jury instructions, and verdicts to decide this appeal, we summarize the facts of Mendoza’s crime from our 2008 opinion only for the basis of his conviction. (See People v. Woodell (1998) 17 Cal.4th 448, 459-460.)

2 Mendoza, his co-defendant Banuelos, and victim Lujan were all members of the…