People v. Hernandez CA3

BACKGROUND

The Murder and Conviction We take the background facts from our prior opinion on appeal, People v. Hernandez (June 9, 2015, C068079) [nonpub. opn.], and the record in that case, which we incorporated by reference at defendant’s request. Defendant and his codefendants, Roberto Arias (Arias), Martin Flores (Flores), and Jose Hernandez (Jose), were members of the Proud Brown Trece subset of the Sureños criminal street gang, which is a rival of the Norteños criminal street gang. 2 On December 16, 2009, Arias, Flores, and Jose committed multiple assaults and two attempted murders against members, or former members, of the Norteños. Defendant did not participate. Two days later, police impounded Flores’s car following a traffic stop. After the vehicle was impounded, Flores communicated by text and phone calls with Arias and then went into the Bonfare Market. In the market, Flores exchanged words with Spencer Sampson (Sampson) (a Norteño who ultimately became the murder victim). Robert Limon (Limon) (also a Norteño) and Stephanie S. were with Sampson in the market and left following the exchange. Flores and Arias continued to exchange texts in which they agreed to meet…