People v. Santana CA2/6

FACTS

The following summary of the facts is taken from our unpublished 2005 opinion (People v. Santana, supra, B167415): In the late evening, victims Reynaldo Aguilar and Tony Esquer were sitting in a parked SUV with Raul Mata. The three men had smoked crack cocaine earlier that day and were drinking beer in the SUV. Mata saw Santana and a man named Eric walk by. Mata recognized Santana as a man he had seen in the neighborhood

2 On direct appeal, we struck the 10-year gang enhancement but otherwise affirmed the judgment. (People v. Santana, supra, B167415.) The California Supreme Court granted Santana’s petition for review and directed us to reconsider our decision in light of People v. Lopez (2005) 34 Cal.4th 1002. We again affirmed. (People v. Santana, supra,

B167415.)

2 from time to time over the past few years. Mata knew that Santana and Eric were members of the Lynnwood Dukes street gang. Mata left the SUV to buy more beer while Aguilar and Esquer remained in the vehicle. While Mata was on the street, Santana and Eric approached him and demanded money. Eric took $10 out of Mata’s pocket. Santana and Eric began walking towards the SUV. Mata followed. As Santana and Eric…