People v. Ortiz CA2/6

Facts The facts are taken from the statement of facts at pages 2-5 of our nonpublished Garcia opinion, which was attached as “Exhibit A” to appellant’s section 1170.95 petition. “Paso Robles 13 (Paso 13) is a criminal street gang. [Raul] Mosqueda, whose moniker is ‘dreamer,’ was a past associate of Paso 13. Mosqueda was friendly with the members of Nameless Crew Style (NCS), a rival gang that was engaged in ‘warfare’

2 with Paso 13. . . . Paso 13 put out a ‘green light’ on Mosqueda, which meant that he was ‘free game’ to kill. [David] Rey and [Oscar] Garcia were members of Paso 13, and [appellant] associated with the gang. [¶] . . . Rey believed that Mosqueda had falsely accused him of vandalizing [appellant’s] car. Rey told [appellant] that Mosqueda had committed the vandalism. Rey said he ‘was going to take care’ of ‘dreamer.’ “[¶] “[¶] “During the evening of April 12, 1998, Reginald Calhoun went to the trailer park residence of [appellant] and [Monte] Weatherington. [Appellant and other persons were present] there. Mosqueda became the subject of conversation, and everyone was saying, ‘Hey, we want to kick dreamer’s ass.’ “Calhoun was paged by [Gregory] Vived[, Jr.]. Calhoun…